State of Louisiana v. Ford Motor Company, et al.
(July 2007)

Michael T. Pulaski secured a 1st Circuit Court of Appeal victory for Ford Motor Company, in the case entitled State of Louisiana v. Ford Motor Company, et al., which overturned a class action certification in the 19th Judicial District Court. The State of Louisiana filed a class action petition alleging redhibitory defects in Ford Crown Victoria Police Interceptors, a vehicle marketed and specifically designed to be used by law enforcement, seeking a reduction in the purchase price and other damages. At trial, Ford argued that the State failed to establish the elements of numerosity, commonality, typicality and adequacy, which are necessary in maintaining a lawsuit as a class action. The trial court certified the lawsuit as a class action, defining the class as “All parishes, municipalities, police and sheriffs departments, law enforcement districts and other political subdivisions within the State of Louisiana who have purchased, leased or otherwise acquired Ford Crown Victoria Police Interceptors since the 1992 model year for use as law enforcement vehicles.” After oral arguments, before a five judge panel, the Court of Appeal reversed and remanded, holding that the State has not met its burden of establishing the elements necessary to maintain the suit as a class action. Supreme Court Writ Denied October 2007.