Car defects risk lives. Migliaccio & Rathod LLP’s product liability lawyers work to make vehicles safer for drivers and passengers, and to get consumers their money’s worth for the cars they buy. Based in DC, our attorneys bring class actions nationwide on behalf of large groups of car buyers, when those buyers have purchased defective cars and when car makers refuse to fix them.
Settlements
Powell et al. v. Subaru of America, Inc., and Subaru Corporation f/k/a Fuji Heavy Industries, Ltd., Case No. 1:19-cv-19114
United States District Court for the District of New Jersey
Migliaccio & Rathod LLP, alongside co-counsel, filed a suit against Subaru of America, Inc. and the Subaru Corporation, alleging that the windshield on various Subaru models are defective and prone to cracking either by themselves or following from a small impact with the windshield. The affected Subaru models include the 2017-2020 Subaru Forester; the 2017-2020 Subaru Outback; the 2017-2020 Subaru Legacy; and the 2017-2020 Subaru Impreza (collectively, the “Class Vehicles”). The case settled on a class-action basis, and eligible class members who filed a claim, where appropriate, were provided with a reimbursement of repair expenses. Learn more about the settlement here.
In Re: Kia Hyundai Vehicle Theft Litigation, Case No. 8:22-ML-3052-JVS
U.S. District Court for the Central District of California
Appeal Pending
Migliaccio & Rathod LLP assisted in bringing forth a class action lawsuit against Kia America, Inc. and Hyundai Motor America for a defect in the engine immobilizer, an anti-theft device that prevents vehicles from being started by any means other than the authorized key, of almost all 2011-2022 Kia vehicles and 2011-2022 Hyundai vehicles. This defect leaves vehicles especially vulnerable to theft. Appeal pending.
In Re Chevrolet Bolt EV Battery Litigation, Case No. 2:20-cv-13256
U.S. District Court for the Eastern District of Michigan
Appeal Pending
Migliaccio & Rathod LLP was appointed to serve on the Plaintiffs’ Steering Committee to represent consumers affected General Motors’ failure to disclose and repair a widespread defect in the 60 k kWh 350 V lithium-ion battery. The battery is found in the 2017, 2018, and 2019 models of the Chevrolet Bolt and this defect causes it to overheat when fully charged, which can lead to the vehicle catching on fire. Appeal Pending.
Brown v. Hyundai Motor America et al., Case No. 2:18-cv-11249
United States District Court for the District of New Jersey
This consumer class action arose from a latent defect found in model year 2011 through 2016 Hyundai Elantra cars with “Nu” 1.8-liter engines. Defects in the piston assemblies of the Nu 1.8L engines cause total and irreparable engine failure, the symptoms of which include a knocking noise from the engine while the car is warming up after being started and/or while driving. Once the fateful engine knock sound begins, the engine will inevitably fail completely, causing a loss of engine power, power steering and brake assistance which can lead to stalling while the vehicle is in motion and place the operator o the vehicle, and those that share the road with them, at risk of accident, injury, or death. Once the Piston Defect has manifested, the engine block has been damaged beyond repair. Therefore, the only fix is replacement of the engine, which can cost upwards of $10,000. The Court granted final approval on the settlement in this case on April 20, 2021. Impacted consumers who submitted valid claims received reimbursement for past out-of-pocket repairs and repair-related expenses caused by the defect. Newly impacted consumers continue to be covered by the extended powertrain warranty of up to 10 years or 120,000 miles.
Fath et al. v. Honda North America, Inc., Case No. 0:18-cv-01549
United States District Court for the District of Minnesota
M&R served on the Plaintiff Steering Committee in this nationwide action arising from Honda’s alleged manufacture, design, marketing and sale of vehicles with a fuel dilution defect. Vehicles included in the ultimate settlement of this case were 2017-2018 Honda CR-V vehicles equipped with a 1.5 liter turbocharged engine or any 2016-2018 Honda Civic vehicles equipped with a 1.5 liter turbocharged engine. The case settled on a class-action basis, and eligible class members who filed a claim, where appropriate, were provided with an extended warranty, reimbursement of expenses, and a product update where applicable. Newly impacted consumers may still be eligible for extended warranty coverage and may contact their dealers accordingly. If you are a consumer with a newer model of these vehicles, you may be covered by a newly filed ongoing suit. Find details here and below.
Norman et al. v. Nissan North America, Inc., Case No. 3:18-cv-00534
United States District Court for the Middle District of Tennessee
M&R served as co-counsel in this class action settlement on behalf of a class of owners and lessees of 2013-2017 Nissan Juke vehicles (“Class Vehicles”) equipped with continuously variable transmission (“CVTs”), which led to poor transmission performance or failure. Under the settlement, all owners and lessees of a Class Vehicle receive a 24 month / 24,000-mile extended warranty. The settlement also provides full or partial reimbursement for out-of-pocket expenses related to replacement or repair of the CVTs for qualifying Class Members if the repairs are done within the extended warranty period, vouchers for certain former owners toward the purchase or lease of a new Nissan or Infiniti vehicle, and an Expedited Resolution Process for any future warranty claims related to transmission design, manufacturing or performance, that preserves the right to file a lawsuit for those who do not receive vehicle repurchases.
For information on current Auto Defect cases, visit Our Auto Defect Lawyers in DC.