Steven Rosenhek

The representative plaintiff sought approval of a class action settlement regarding 'defeat devices' in Mercedes Benz BlueTEC diesel vehicles.

The settlement, valued at approximately $530 million, included no-charge emission modifications, extended warranties, and cash payments.

The court approved the settlement as fair and reasonable, noting the risks of further litigation.

The court also approved $14 million in legal fees to be paid by the defendants and a $10,000 honorarium for the representative plaintiff.

The plaintiff and remaining defendants in a price-fixing class action sought to certify the action on consent, approve class counsel fees, and dismiss the action.

The class members had previously been compensated through a settlement with other defendants.

The court found no prejudice to the class, certified the action, approved class counsel fees of $239,895.26 from trust funds, and dismissed the action without costs.

In a certified class action regarding emissions defeat devices, the parties disagreed on the scheduling of a partial summary judgment motion by the foreign defendants.

The plaintiff sought to delay the motion until after full discoveries, while the defendants sought an early determination to avoid the burden of full production.

The case management judge ordered that the motion proceed prior to discoveries, but directed that the foreign defendants provide expansive disclosure for the motion, which would subsequently form part of the discovery record.

Following the certification of a class action regarding emission levels in BlueTEC diesel vehicles, the plaintiff sought costs of $569,882 on a partial indemnity basis.

The defendants argued for no costs due to divided success.

The court found that while the plaintiff was largely successful, significant time was wasted on misguided aggregate damages submissions.

Applying the Grid rates and reducing the fees and disbursements to account for the unsuccessful arguments, the court fixed costs at $225,000 all-inclusive.

The plaintiff sought certification of a class action against Mercedes-Benz entities, alleging that BlueTEC diesel vehicles contained "defeat devices" that turned off emission controls below 10 degrees Celsius, leading to excessive nitrogen oxide emissions.

The action primarily claimed economic loss due to negligent misrepresentation, alongside statutory claims under the Canadian Environmental Protection Act and Competition Act, and common law claims for negligence, unjust enrichment, breach of warranties, and waiver of tort.

The court granted certification for 14 of the 17 proposed common issues, revising three and declining to certify three (negligence, breach of express/implied warranties, and aggregate damages).

The decision clarified the "some basis in fact" test for common issues, emphasizing a one-step approach focused on class-wide commonality, and reiterated that aggregate damages are for the quantum of loss, not proof of liability, requiring liability to be established first.

The plaintiff railway company sought interlocutory injunctive relief after former employees joined a direct competitor and allegedly downloaded and circulated confidential commercial information, including customer lists and revenue data, to solicit the plaintiff’s clients.

The parties agreed to an injunction preserving confidential information and restricting its use, but disputed whether an independent court-appointed monitor should oversee compliance with the order.

The court found the defendants had initially fallen short in complying with an earlier undertaking but had taken substantial remedial steps, including forensic searches, employee discipline, and written directives prohibiting use of the information.

The court concluded that appointing a monitor with broad investigative and supervisory powers would be overly intrusive into the defendant corporation’s business operations.

The court held that the contempt power and the existing order sufficiently protected the plaintiff’s interests.