Class certification; FedRCivP 23; Whether all class members must experience an alleged defect in order to establish Article III injury-in-fact for a proposed class; Whether “diminished value” is sufficient to establish standing; Claims brought under the Michigan Consumer Protection Act; Waiver of arbitration rights

[This case was from the ED-MI.] In an order, a majority of the court voted to grant a petition for rehearing en banc in this case granting class certification in a consumer action. Thus, it ordered the previous decision and judgment (see eJournal # 82194 in the 9/3/24 edition) vacated, the mandate was stayed, and the case was restored to the docket as a pending appeal.