Dagher v. Ford Motor Co. CA4/1
Greg Dagher asserted various claims against Ford Motor Company (Ford) arising from alleged defects in his Ford truck's diesel engine. Ford filed a motion for summary judgment, primarily arguing that Dagher's claims were barred by an earlier federal class action settlement under the doctrine of res judicata or claim preclusion. The trial court agreed, granted Ford's motion, and entered judgment accordingly.
Dagher appeals. He contends the doctrine of claim preclusion does not apply because (1) he was not a member of the earlier federal class action; (2) even if he were a member, he effectively opted out of the settlement; and (3) even if he did not opt out, it would be manifestly unjust and violate his due process rights to bind him to the settlement. We disagree and affirm the judgment.
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