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Southern District of Florida Dismisses RICO Claims in Putative Automotive Class Action | King & Spalding

To embed, copy and paste the code into your website or blog: On March 30, 2021, the U.S. District Court for the Southern District of Florida entered an order dismissing all but one claim against Daimler AG and Mercedes-Benz USA, LLC (collectively, the “Mercedes Defendants”) in a putative class action arising from alleged defects in the “NECK PRO” active head restraints installed in certain Mercedes-Benz vehicles to prevent whiplash from accidents. The opinion, consistent with Eleventh Circuit law, found that plaintiffs had no standing to pursue state-law claims without a representative plaintiff from the relevant state and also concluded that plaintiffs’ allegations did not support a viable RICO claim. [Disclosure: King & Spalding represents the Mercedes Defendants in this litigation.]

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