JAGUAR ROOF RATTLE

Owners of the 2009 Jaguar XF and other models have complained of roof rattle. A claim is currently pending seeking lemon law relief for this problem and a malfunctioning navigation system.

Jaguar/ Land Rover has disputed the claim arguing,

"This is a simple lemon law case involving a 2009 Jaguar XF. The alleged recurring concerns are an interior roof rattle and an intermittently inoperable navigation unit. Despite the insubstantial nature of these concerns, plaintiffs want their vehicle bought back. Defendant will present expert testimony and dealership witnesses to support their case.

At issue in this motion are whether plaintiffs can circumvent the clear language of the Song-Beverly statute and argue that the repair orders, rather than the alleged nonconformities, substantially impairs value, where plaintiffs have no competent evidence supporting such an argument whatsoever."

Soheil DARDASHTI and Suzan Dardashti, Plaintiffs, v. JAGUAR LAND ROVER NORTH AMERICA, LLC, and Doe 1 through Doe 10 inclusive, Defendants.United States District Court, C.D. California 

Law Office of Howard A. Gutman 

230 Route 206, Suite 307 

Flanders, New Jersey 07836 

(973) 598-1980 (tel) 

(973) 531-4110 (fax) 

New York Office

315 Madison Avenue, Suite 901 

New York, New York 10017 

howardgutman@aol.com 

www.lemonlawclaims.com 

GENERAL MOTORS WHEEL ALIGNMENT AND TIRE WEAR CLASS ACTION

A class action charges that certain GM vehicle have a defect causing misalignment, tire wear, and related problems.

• "Model year 2007 and 2008 Impalas were primarily manufactured by General Motors Corporation, although some may have been manufactured by General Motors Company. General Motors Company acquired substantially all of the assets and assumed some of the liabilities of General Motors Corporation, when the former filed for bankruptcy relief in 2009. General Motors Company assumed the express warranty liabilities of General Motors Corporation, including those which Plaintiffs and the class now seek to enforce. General Motors Company is the Defendant in this action and is referred to hereinafter as “GM” or “General Motors.”

• The model year 2007 and 2008 Impalas were sold with common defective rear spindle rods that caused and continue to cause wheel misalignment and premature tire wear. Even though it has issued a recall bulletin for model year 2007 and 2008 Impalas operated as police vehicles, GM has failed to honor its warranties with Plaintiff and the putative class, by failing to correct the manufacturing defect in their vehicles. There are no relevant material differences between police vehicles and class members' vehicles relating the defective spindle rods.

• The fact that GM moved to fix certain Impalas shows that it knew of the defect. Despite this, GM continued to sell and has refused to honor the warranties on hundreds of thousands of defective and potentially unsafe vehicles.

• This class action seeks damages, injunctive and declaratory relief on behalf of a class of all persons who purchased model years 2007 and 2008 Chevrolet Impalas."

Law Office of Howard A. Gutman 

230 Route 206, Suite 307 

Flanders, New Jersey 07836 

(973) 598-1980 (tel) 

(973) 531-4110 (fax) 

New York Office

315 Madison Avenue, Suite 901 

New York, New York 10017 

howardgutman@aol.com 

www.lemonlawclaims.com 

NISSAN TIMING CHAIN CLASS ACTION

A class action has been filed dealing with failures of the timing chain on multiple Nissan models.

The timing chain ensures that the engine valves are synchronized. Fast moving and sharp edged, the timing chains have protective surfaces intended to prevent both harmful metal-on metal-contact and “slack” in the chain. Due to a defect in the timing chain system, these protective surfaces are subject to premature degradation, which may lead to catastrophic engine failure; without notice, under any driving conditions, and at any speed (“Timing Chain Defect”). The Timing Chain Defect is widespread, costs thousands of dollars to repair, presents a safety hazard, and, on information and belief, was known or should have been known to Defendants prior to sale or lease of the Class Vehicles in 2005.


The Class Vehicles' timing chain consists of one primary and two secondary timing chains. The timing chains rotate sprockets that, in turn, control the movement of the engine valves. The fast-moving, metal timing chains are held at the proper tension and position by protective coverings on the tensioner “shoes” and guides. However, the Timing Chain Defect causes the timing chains to wear away their protective contact surfaces, leading to improper chain positioning, metal-on-metal contact, improper “slack” in the chain, and the risk of severe engine damage. The Timing Chain Defect necessitates costly repairs. Falco v. Nissan, No. BC498238.

Law Office of Howard A. Gutman 

230 Route 206, Suite 307 

Flanders, New Jersey 07836 

(973) 598-1980 (tel) 

(973) 531-4110 (fax) 

New York Office

315 Madison Avenue, Suite 901 

New York, New York 10017 

howardgutman@aol.com 

www.lemonlawclaims.com 

VOLKSWAGEN/AUDI OIL CONSUMPTION PROBLEM

A class action has been filed Volkswagen Group of America, claiming 2008-2012 VW and Audi vehicles with 2.0-liter turbocharged engines had defective oil consumption systems.  Owners may be entitled to compensation for vehicle problems, repair costs, and/or diminished use.  (see below).   The complaint discussed consumer problems with oil consumption

NHTSA Complaint: PURCHASED 2008 AUDI A4 NEW FROM DEALERSHIP IN OCTOBER 2007. TWO MONTHS AFTER PURCHASE NOTICE OIL CONSUMPTION PROBLEM AT 1QT EVERY 1,000 MILES. DEALERSHIP SAYS THIS IS NORMAL BUT MY MECHANIC SAID IT IS NOT. WITH THE HELP OF A PRO-BONO ATTORNEY CONTACTED AUDI AND DEMANDED REPAIR AT 12 000 MILES. AUDI REPLACED RINGS AND CAR WAS FINE FOR 24,000 MILES. AT 36000 MILES LOW OIL LIGHT CAME ON -1 QT LOW AGAIN. HAD OIL CHANGED BY MY MECHANIC AND TWO DAYS LATER A NEW PROBLEM - LOW OIL PRESSURE LIGHT COMES ON. HAD CAR TOWED TO DEALERSHIP AND THEY FOUND NOTHING WRONG WITH CAR (NO CODES DRIVES FINE). I DEMAND THROUGH AUDI AN OIL PRESSURE TEST. TEST CAME BACK NORMAL. THEY TOLD ME TO DRIVE THE CAR AND THAT THERE IS NOTHING WRONG WITH IT. THE LOW OIL PRESSURE LIGHT IS STILL COMING ON EVERY 20 MINUTES OF DRIVING. THE CAR GOES BACK IN THE SHOP AGAIN THIS WEEK. CAR IS OBVIOUSLY DEFECTIVE AND I AM CONCERNED ABOUT MAJOR ENGINE DAMAGE. *TR

• NHTSA Complaint: VW PASSAT 2008 LOW OIL LIGHT COME ON BEFORE SCHEDULE OIL CHANGE


FREQUENTLY. THE CAR BURNS OIL BECAUSE OF THE TURBO ENGINE. AND THE EMISSION SYSTEM HAS A VALVE FAILURE TOO. *TR • NHTSA Complaint: MY '08 PASSAT WITH A 2.0 T ENGINE BURNS THROUGH A GREAT DEAL OF OIL. ABOUT ½ LITER PER 1,000 MILES. IT IS A NEW CAR (NOW 28000 MILES) AND SHOULD NOT BURN OIL! VW STATES THIS OIL CONSUMPTION IS NORMAL BUT I DISAGREE. I LEASE THE CAR AND HAVE HAD ALL MAINTENANCE DONE AT THE DEALER. I MUST FREQUENTLY ADD OIL TO THE ENGINE AND HAVE BROUGHT IT IN TO BE SERVICED FOR THIS OIL CONSUMPTION ISSUE SEVERAL TIMES. FROM RESEARCH DONE ONLINE, THIS IS NOT A PROBLEM UNIQUE TO ME. PLEASE HELP! *TR



                                 FREE CONSULTATION ON YOUR OIL CONSUMPTION PROBLEM

Law Office of Howard A. Gutman 

230 Route 206, Suite 307 

Flanders, New Jersey 07836 

(973) 598-1980 (tel) 

(973) 531-4110 (fax) 

New York Office

315 Madison Avenue, Suite 901 

New York, New York 10017 

howardgutman@aol.com 

www.lemonlawclaims.com 

FREE CONSULTATION ON YOUR VOLKSWAGEN OIL CONSUMPTION PROBLEM

CALL 973-598-1980

VOLKSWAGEN BEETLE TRANSMISSION CLASS ACTION

A federal judge in Fort Smith, Ark., has dismissed a class action lawsuit alleging that 2003-2007 Volkswagen New Beetles have a transmission defect that causes difficult and unpredictable shifting during normal driving.

White et al. v. Volkswagen Group of America Inc., No. 2:11-CV-2243, 2013 WL 685298 (W.D. Ark., Fort Smith Div. Feb. 25, 2013).


White, along with Jennifer LaChance and Isabel Hodgson, claimed in their amended class-action complaint that the problem eventually requires costly transmission repairs or replacement. They also said VW was aware of the defect when the cars were manufactured and sold.

VW offered two warranties on New Beetles: a limited new vehicle warranty covering four years or 50,000 miles, and a limited powertrain warranty of five years or 60,000 miles.

In November 2010 Volkswagen alerted customers about the defect and offered to extend warranty coverage for the valve body in the transmission system to seven years or 100,000 miles.

The offer did not cover transmission replacement but only “diagnosis and repair of the transmission valve body,” according to Judge Holmes' opinion.

The plaintiffs, however, said valve body defects damaged the entire system, forcing them to replace their transmissions at a cost of several thousand dollars.

Their suit on behalf of themselves and a nationwide class sought damages for breach of express warranty and unjust enrichment. Westlaw Automotive.

Law Office of Howard A. Gutman 

230 Route 206, Suite 307 

Flanders, New Jersey 07836 

(973) 598-1980 (tel) 

(973) 531-4110 (fax) 

New York Office

315 Madison Avenue, Suite 901 

New York, New York 10017 

howardgutman@aol.com 

www.lemonlawclaims.com 

Nissan dashboard defect

The 8th U.S. Circuit Court of Appeals has allowed a suit alleging dashboard defects in certain Nissan vehicles to stay in Missouri state court because the plaintiff is not seeking enough damages for federal jurisdiction under the Class Action Fairness Act.

Hurst et al. v. Nissan North America Inc., No. 13-1757, 2013 WL 2363083 (8th Cir. May 31, 2013).

CAFA, 28 U.S.C. § 1332, calls for federal jurisdiction in class actions involving more than $5 million in damages claims.

 

Robert Hurst sued Nissan in the Jackson County Circuit Court in 2009, alleging that 2003-2007 Infiniti FX35 and FX45 models had dashboards prone to surface bubbling.  See Westlaw Automotive

Honda Window Regulator Defect

A federal judge in Los Angeles will allow claims that certain Honda window regulator mechanisms are defective to proceed under the state's Consumer Legal Remedies Act and unfair-competition law.

Grodzitsky et al. v. American Honda Motor Co., No. 2:12-cv-1142, 2013 WL 2631326 (C.D. Cal. June 12, 2013).

 

According to an order by Judge Wilson, Phyllis Grodzitsky and other owners of 2000-2011 Honda Odysseys, Pilots, Elements, Accords, CR-Vs and Civics, and Acura MDX, TSX, RL and CL vehicles, filed a class-action suit against American Honda Motor Co.

They claimed a faulty regulator caused the side windows to become inoperable or fall partially or fully open and that the condition that could cause glass shattering.

 

In denying the motion to dismiss the claim the judge also said the complaint “contains a wealth of specific factual allegations that, taken as true, support a plausible inference that defendant was aware of the window regulator defect at the time it sold the class vehicles.”

He added that because the plaintiffs have presented a viable CLRA claim, they have also sufficiently alleged a claim under the state unfair-competition law, Cal. Bus. & Prof. Code § 17200, on a theory that Honda has engaged in an “unlawful” practice.  See Westlaw Journal Automotive. 

Siding Class Action

A recent class action says the following

Defendant James Hardie Building Products Inc. manufactures HardiePlank, a fiber-cement siding. (Consolidated Complaint (“CC”) ¶ 1.) In its advertising, Defendant stated that its siding had a 50–year transferable warranty, required low or no maintenance, and was designed and engineered to tolerate extreme weather. (Id. ¶¶ 2–3, 32.) Plaintiffs generally allege that, after the siding was installed on their homes, it began warping, cracking, flaking, shrinking, and discoloring. (Id. ¶¶ 6–7, 35.) Sometimes the siding came loose or fell off the building altogether, potentially exposing the substructure to moisture and other damage. (Id. ¶¶ 6–7, 34.) Plaintiffs had to repair or replace the siding sooner than would be reasonably expected. (Id. ¶¶ 34, 36.)

Plaintiffs allege that Defendant had reason to know that its siding was defective. (CC ¶¶ 50, 109.) They claim that, despite this knowledge, Defendant continued to represent that the siding was durable and long-lasting and, through such representations, created a reasonable expectation that the siding would last 50 years. 

Ford Gas Tank Class Action

 

Our office provides a free consultation on Ford delamination claims,
Call 973-598-1980.

A class action has been filed alleging defects causing gas tank delamination and engine problems.  Here are excerpts from the complaint.   

Plaintiffs Galo Coba and Coba Landscaping and Construction, Inc., bring this action  individually and on behalf all Class Members, i.e., persons in the United States who  purchased or leased any 2004-2007 Ford E-150; 2004-2007 Ford E-250; 2004-2007 Ford E-350; 2004-2007 Ford E-450; 1999-2008 Ford F-250 SD; 1 999-2008 Ford F-350 SD; 2003, 2005-2008 Ford F-440 SD; 2005-2008 F-550 SD; 2004-2008 F-650 SD; or 2004-2008 F-750 SD vehicles (collectively, “Class Vehicles”) manufactured, distributed, and sold by Ford Motor Company. (“Ford” or Defendant”). 

6. Since February 2007, if not before, Defendant knew or should have known that the Class Vehicles and their fuel tanks contain numerous distinct and serious latent  design and/or manufacturing defects that cause the inner fuel tank lining to separate  and flake off, clogging the fuel systems with tank lining debris and rust, resulting in sudden loss of power to the engine and other critical systems.

7. The Class Vehicles' fuel tanks and related systems are defective, including but not limited to defects contained in the fuel tank and injection system, because the  interior coating of the tank delaminates under normal use, releasing debris into the fuel system and causing severe downstream problems.

8. The Class Vehicles and their fuel tanks present a safety hazard and are unreasonably dangerous to drivers. Debris from the fuel tanks becomes lodged in the fuel lines and injection systems, which can cause symptoms including but not limited to bucking and kicking, sudden loss of power steering, and sudden stalling. The defect can thereby contribute to traffic accidents, which can result in personal injury. 

9. In addition to these safety hazards, the costs of the Fuel Tank Defect to drivers can be exorbitant because drivers will be required to pay hundreds, and in many instances, thousands of dollars both to diagnose and repair the Fuel Tank Defect and the related damage it causes

 

 

 

Law Office of Howard A. Gutman
230 Route 206, Suite 307
Flanders, New Jersey 07836
(973) 598-1980 (tel)
(973) 531-4110 (fax)

New York Office 315 Madison Avenue, Suite 901
New York, New York 10165

 

 

 

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Other material

Here are some other blogs and website of interest.  

www.agediscrimination--lawyer.com
www.contingencylawyernjny.com
www.lemonlawclaims.com
www.sexualabusevictimlawyer.com

agediscriminationlawyer.blogspot.com
www.volkswagendefect.com
www.newjerseyconstructiondefectlawyer.com

 

 

 

 

 

Ford F150 Vibration

FORD F150 VIBRATION

Ford F150 owners, particularly for model year 2011, have experienced excessive vibration.  Here is how one described it.   

 

The vibration is starting from a dead stop and goes away within 100 feet. Can also be felt just before coming to a stop. Ford says it's related to the angle of the drive shaft. Or in Ford's words "driveline windup". They've shimmed the leaf springs. and changed them twice. The last ones being updated 2012 springs. And they've changed a transmission mount. Each time the vibration goes away for a short time, but always comes back. Since they haven't been able to find a similar truck without the problem, they've washed their hands of the problem by claiming it's "Characteristic" of the vehicle and an "acceptable vibration". It's not acceptable to me. I understand Ford is changing the drive shaft from a one piece to a two piece in 2013. That's for a Supercrew with a 6 1/2 foot box.

 

  

Law Office of Howard A. Gutman
230 Route 206, Suite 307
Flanders, New Jersey 07836
(973)598-1980 (tel)
(973) 531-4110 (fax)

NHTSA Defect Investigations for the 2006 Nissan Xterra

  

1. Transmission Failure (ATF contamination) NHTSA Defect Investigation #DP12004

   • Status:
     OPEN
   • Date Opened: June 11, 2012
   • Date Closed: Pending
   • Recall: possible recall
   Component(s): Power Train
   Power Train:Automatic Transmission
   Power Train:Automatic Transmission:Control Module (Tcm, Pcm)
   Power Train:Automatic Transmission:Cooling Unit And Lines
   Power Train:Automatic Transmission:Torque Converter
   Summary: ODI received a petition requesting investigation of transmission damage attributed to contamination by engine coolant.The source of the contamination is a cracked ATF line that runs through an engine coolant chamber in the radiator.ODI has received (512) five-hundred-twelve consumer complaints between August 2005 to May 2012 regarding transmission problems.A copy of the petition will be placed in the public file.ODI will review its content and related field data to assess whether a safety defect investigation is warranted.Referenced VOQs are listed on a separate page.

Kia fuel economy class action

A class action has been filed alleging Kia deceptively states the fuel economy on certain vehicles.

The complaint alleges Kia Motors America has promulgated, represented, and benefited from inaccurate fuel efficiency numbers for certain models of its vehicles under the Kia brand name, including the following 2011 through 2013 models: 2013 Kia Rio, Sorento, Soul and Sportage; 2012 Kia Optima hybrid, Rio, Sorento, Soul and Sportage; and 2011 Kia Optima (the “Subject Vehicles”).

Fellers  v. Kia Motors America, Inc.  United States District Court, C.D. California, Southern Division. No. SACV13-00384 JVS (ANx)

Volkswagen Audi Sunroof Class Action Settlement

A federal court has approved a class action lawsuit settlement over leaky sunroof problems on various  Volkswagen and Audi models.  The water management system is defective because it becomes clogged with  leaves, twigs, debris, and other objects that enter the water management system (―the clogging defect‖).  When this occurs during rain or when the vehicle is washed, water enters and/or overflows into the interior cabin of the Class Vehicles,  causing electrical failure due to water damaging the computer, electrical system, and other interior components of the Class Vehicles and resulting in costs to consumers.  The Volkswagen/Audi leaky sunroof class action lawsuit settlement provides reimbursements and other benefits to Volkswagen and Audi owners that suffered damage caused by sunroof drainage problems.  Our office provides a free consultation on claims. (973) 598-1980 and see our websites.  www.lemonlawclaims.com, www.newjerseynylemonlaw.com/

 

Kia Sorrento engine class action

A class action has been  filed alleging the Kia Sorento 2002-2009 models are subject to engine malfunction and failure. The lawsuit entitled Robinson et al v. Kia Motors America Inc. et al., Case No. 13-cv-00006 U.S. District Court for the District of New Jersey, alleges Kia concealed a manufacturing defect in the crank sprocket of its 2002-2009 Sorento models. The consequences of the problem include heat buildup, the release of debris, and engine failure.  Owners may be entitled to compensation for problems and repair costs.