Fabian v. Fulmer Helmets, Inc.

OPINION

SUTTON, Circuit Judge.

Robert Fabian, a representative of a yet-to-be-certified class, seeks recovery from a helmet manufacturer for misrepresenting the safety of its helmets. The district court granted the defendant’s motion to dismiss the suit, holding that Fabian’s complaint fails to state a cognizable claim. Because Fabian’s factual allegations, when construed in his favor, state a plausible claim for relief, we reverse.

I

Tucked within the Department of Transportation is the National Highway Traffic Safety Administration (NHTSA), which regulates the performance of motorcycle helmets…