To dissolve the class, Ally is asking the U.S. Supreme Court to rule that failure to comply with the Uniform Commercial Code on a national level is not a valid claim because the laws pertaining to the code don’t align perfectly across the states. The argument is a strong one, according to attorney Aaron Jacoby, chair of the auto industry practice group at Arent Fox law firm. Jacoby said it would destabilize similarity in the applicable law, one of the three components necessary to certify a class. Jacoby and the law firm are not involved in the case.
A failure to comply with the code in one state, or even one instance, “doesn’t mean every one of your repossessions was wrong,” Jacoby said.
If the Supreme Court were to side with the class, the case would proceed with merits, a period of discovery and then trial. From there, it could