(CN) - The D.C. Circuit declined to consider whether a "non-class representative action" against U-Haul should be litigated as a class action. "This is not clear as a matter of District of Columbia law, and the local courts should determine how this action ... should proceed," the 2-1 majority wrote.
A customer rented a U-Haul truck that broke down twice. He filed a complaint in state court under the D.C. Consumer Act, which allows for non-class representative actions and private attorneys general actions on the public's behalf.
U-Haul removed the case to federal court, which remanded on the grounds that it lacked subject-matter jurisdiction.
U-Haul unsuccessfully requested leave to appeal.
Judge Rogers dissented, saying U-Haul's petition should be granted because it raises novel questions under the Class Action Fairness Act.
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