Auto Defect Class Action Lawsuits

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:

Brown v. Hyundai Motor America et al.: Case No. 2:18-cv-11249 (D.N.J.). 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 (D. Minn.). 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 (M.D. Tenn.). 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.

Jump to: Investigations

Ongoing Cases:

Crowell V. Fca U.S. Llc: Case No. 1:23-cv-13.Migliaccio & Rathod LLP recently filed a class action complaint against FCA U.S. LLC, alleging that 2022 Jeep Wrangler 4xe for advertising a hybrid powertrain that does not function as a hybrid powertrain in cold temperatures. The vehicle is advertised as capable of running on both gasoline and battery power. Customers report, however, receiving a Fuel and Oil Refresh Mode (FORM) message when temperatures are cold and being unable to run the vehicle off of battery power alone.

Allan Zaback et al. v. Subaru of America, Inc., and Subaru Corporation f/k/a Fuji Heavy Industries, Ltd.: Case No. 1:19-cv-19114 (D. NJ). 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”). Multiple owners on the National Highway Traffic Safety Administration’s website and various Subaru forums report windshields that crack very easily after being hit by small pebbles, or for no reason at all. The crack quickly progresses in a spiderweb pattern to expand further along the windshield, leaving owners to pay as much as $1,500 for a replacement. For some, their windshield cracked again soon after replacement, and many note that their windshield replacement has been on back order for months. If you have experienced this with your vehicle, contact us here.

In re Chevrolet Bolt EV Battery Litigation: Case No. 2:20-cv-13256-TGB-CI (E.D. Mi). Migliaccio & Rathod is serving on this consolidated class action suit’s Steering Committee to move forward claims against various Defendants for alleged manufacture and sale of defective high voltage batteries used in the 2017- 2022 Chevrolet Bolt vehicles. General Motors issued recalls related to this defect that, they reported, poses a severe fire risk to any Bolt vehicle at or near full charge, even when the vehicle is parked, turned off, and not receiving an external charge. In response to this defect, General Motors’ solution was to implement a software update that substantially reduces the Bolt’s battery capacity and limits the vehicle’s driving range. Bolt owners are left with a diminished vehicle that, had they been made substantially aware of the defect, they either would not have purchased or would only have purchased at a much lower price. Follow case developments on our blog post here.

Lorenzo Ford et al. v. Hyundai Motor America: Case No. 8:20-cv-00890 (C.D.Cal.). Migliaccio & Rathod LLP filed a suit against Hyundai Motor America for their defective windshields that are easily prone to cracking in the 2020 Kia Telluride and its sister vehicle, the 2020 Hyundai Palisade. Multiple owners on the National Highway Traffic Safety Administration’s website and various Kia and Hyundai forums report windshields that crack very easily after being hit by small pebbles, or for no reason at all. The crack quickly progresses in a spiderweb pattern to expand further along the windshield, leaving owners to pay as much as $1,500 for a replacement. For some, their windshield cracked again soon after replacement, and many note that their windshield replacement has been on back order for months. If you have experienced this with your vehicle, contact us here.

Mackie et al. v. American Honda Motor Co., Inc. et al.: Case No. 0:22-cv-00736 (D. Minn.). Migliaccio & Rathod LLP, alongside co-counsel, filed a suit against American Honda Motor Company, Inc. and Honda Motor Company, Ltd., alleging that various Honda models suffered from an oil dilution defect, including the 2019-2021 Honda CR-V and Civic, as well as the 2018-2021 Honda Accord. All models come equipped with the 1.5L direct injection Earth Dreams engine. Multiple Honda owners report increased levels of oil in their vehicles, from gasoline that is mixed in with the oil. The Honda engine fails to adequately burn off gasoline quantities that it uses to operate the engine, with the end result being that gas ends up in the oil. The gas dilutes the oil, which makes the oil lose its lubricating quality. An inadequately lubricated engine is at risk of overheating and eventually shutting down, placing the driver, occupants, and others on the road at risk. If you have experienced this with your vehicle, contact us here.

Raynaldo V. American Honda Motor Co., Inc.: Case No. 4:21-cv-5808 (N.D. Cal).  Migliaccio & Rathod LLP filed suit against American Honda Motor Company, Inc. alleging that 2017-2018 Honda Pilot and 2017-2019 Honda CR-V vehicles suffered from premature failure of their batteries. Pilot and CR-V owners have noted that, even though the vehicle is not running, the battery drains, leading to owners’ inability to start their vehicles without needing a jump. Not only is the battery drained at low mileage, but the problem re-occurs with subsequent replacements that can happen shortly after a new battery has been installed. The alternator appears to be partly to blame, as it fails to charge the battery and may also require replacement. If you have experienced this with your vehicle, contact us here.

McClure et al. v. Toyota Motor Co., Inc. et al.: Case No. 1:22-cv-3898 (N.D.GA). Migliaccio & Rathod LLP filed a suit against Toyota Motor Corporation and other Toyota entities for their defective batteries in the 2020 Toyota RAV4. RAV4 owners on the National Highway Traffic Safety Administration’s website and various Toyota forums report that their batteries drain when their car is turned off. This defect causes other components of the vehicle’s electrical system and safety features to malfunction. The parasitic drainage poses a safety hazard for drivers and passengers who are stranded when their vehicle’s battery fails prematurely, its engine stalls suddenly in the midst of traffic, or when the vehicle veers dangerously out of its driving lane because its steering has malfunctioned. If you have experienced this with your vehicle, please contact us here.

Jump to: Settlements

Investigations:

2019 & 2021 Nissan Sentra Battery Drain

2022 Mazda 3 Airbag Defect

2022 Honda Civic Defective Cruise Control

2021 Honda Pilot Defective Auto Start/Stop

2022 Subaru BRZ Clogged Oil Filter

2022 Honda Civic Steering Defect

2021-2022 Honda Emergency Automatic Braking

2021-2022 Honda Ridgeline Automatic Headlights

2022 Kia EV6 Defective Meridian Sound System

Genesis and Kia Defective Seat Belt Pretensioners

2021-2022 Ford Mustang Mach-E Safety Defect

2020-2021 Rearview Camera Failure in Cadillac XT5/ XT6 and GMC Acadia

Ford F-350 Defective TPMS

2022 Mitsubishi Outlander Defective Hood

2016-2020 Kia Optima Window Regulator

2022 Subaru BRZ Clogged Oil Filter

Sensitive Steering Wheel on Volkswagen ID.4 and Golf R

2021 Kia Seltos Excessive Oil Consumption  

2022 GMC Sierra 1500 Trailer Brake Defect

2021-2022 Toyota Sienna, Sienna Hybrid, and 2021 Toyota Highlander Brake Defect

*Prior results do not guarantee a similar outcome

Jump to: Investigations; Ongoing Cases; Settlements

Facebooktwitterlinkedin