Fuel Spit Back some claims permitted

This lawsuit concerns the "fuel spit-back problem," a design flaw which causes fuel to spill out of the filler tube during refueling. (See Class Action Second Amended Complaint, dated Aug. 21, 2012 ("SAC"), at ¶ 2 (ECF Doc. # 1, Part 52).)

In addition, New Chrysler issued Chrysler TSB No. 14-001-12, on January 20, 2012 (the "January 2012 TSB"), which was slightly more detailed but essentially extended the same lifetime warranty to the owners of 2006-2008 Durangos and 2007-2008 Aspens.4 That same month, New Chrysler sent a letter to the owners of certain Dodge  [6] Durango vehicles advising them that because of the "fuel spit back problems," their vehicles would now have a lifetime warranty for certain fuel system parts. In the event a problem developed, a Chrysler dealership would repair their vehicle. (SAC ¶ 15.)5

The Court permitted some claims excluding others.

      

Burton v. Chryler Group, LLC (In re Old Carco LLC), 492 B.R. 392, 395-407, 2013 Bankr. LEXIS 2582, 3-31, 58 Bankr. Ct. Dec. 41, 2013 WL 4035646 (Bankr. S.D.N.Y. 2013)