Automotive Defects

The purchase of an automobile is one of the most significant financial decisions consumers make. Too often, consumers confront a lack of disclosure about latent defects that affect the value of the vehicle and cause consumers to pay more than the vehicle is worth, not to mention subjecting consumers to potential safety hazards. That’s where Carella Byrne attorneys can help. Our experienced team has litigated against the largest automotive manufacturers in the world with a proven track record of success, including:

  • In re: Mercedes-Benz Emissions Litigation, No. 16-881 (D.N.J.). Our team represented Plaintiffs and the Proposed Class in a case arising out of the alleged use of a defeat device to evade U.S. emissions regulations and achieved a settlement valued at over $63 million.
  • In re Volkswagen Timing Chain Product Liability Litigation, No. 16-2765 (D.N.J.). In this action, Carella Byrne was co-counsel where it was alleged that the engines in certain Volkswagens and Audi automobiles were defective because the timing chain would break, which would, in turn, throw off the timing between the pistons and valves, causing the pistons to strike and break the valves. To repair the car, the engine either had to be taken apart and put back together with new valves or replaced entirely. The settlement, which was approved in December 2018, recovered 100% of the costs associated with repair of the timing chain systems and substantial coverage and/or reimbursement for engine damage. Carella Byrne continues its efforts to protect consumers by litigating a subsequent case, Opheim v. Volkswagen, No. 20-2483 (D.N.J.), relating to a similar defect in certain Audi and Volkswagen model year 2012-2019 engines.
  • In re: Takata Airbag Products Liability Litigation, MDL No. 2599 (S.D. Fla.). As a member of the Plaintiffs’ Steering Committee and Settlement Class Counsel, Carella Byrne achieved an historic settlement in excess of $1.5 billion for consumer fraud and warranty claims arising from use of defective and dangerous airbags. Tenacious Carella Byrne attorneys continue to litigate for the rights of consumers against second-wave defendants, including Mercedes Benz USA, General Motors, and Fiat Chrysler.
  • In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672 (N.D. Cal.) In another historic settlement, Carella Byrne served on the Plaintiffs’ Steering Committee and as Settlement Class Counsel helping to achieve a settlement of $15 billion for consumer fraud and warranty claims arising from the use of a defeat device to evade U.S. emissions regulations.
Ongoing Litigation

Carella Byrne attorneys are currently litigating the following cases and would be happy to speak to you if you believe you might be impacted by these or any other automotive defect matter. No question is too small. Please contact us today.

  • Tijerina v. Volkswagen Group of Am. In, No. 21-18755 (D.N.J.). Carella Byrne was appointed by the Court Interim Co-Lead Class Counsel for Plaintiffs and class members in this law suit involving an alleged design defect in the latching mechanism of the second row seats in VW Atlas vehicles. Plaintiffs contend that when decelerating, the second row seats have spontaneously lurched forward, slamming occupants, often children, into the backs of the driver and front passenger seats.
  • Cohen v. Subaru Corp., No. 20-8442 (D.N.J.). Carella Byrne was appointed Interim Co-Lead Class Counsel to litigate on behalf of Plaintiffs and class members in this matter involving allegedly defective low pressure fuel pumps that can cause unpredictable acceleration and engine stalls and render certain Subaru model vehicles unsafe to drive.
  • Flynn-Murphy v. Jaguar Land Rover Automotive, PLC, No. 20-14464 (D.N.J.). Carella Byrne represents Plaintiffs and class members in this action which alleges that certain model year Land Rover Evoque, Discovery Sport and LR2 vehicles equipped with 2.0 liter 4-cylinder gas engines contain a defective turbocharger that can fail under ordinary operating conditions causing catastrophic engine damage and exposing occupants to unsafe driving conditions.
  • Sager v. Key Safety Systems, Inc., No. 21-15867 (D.N.J.). Carella Byrne was appointed Interim Co-Lead Class Counsel by the Court to represent the interests of Plaintiffs and class members who purchased certain General Motors and Fiat Chrysler vehicles containing allegedly defective roof rail and side curtain airbags that can spontaneously and violently deploy.

RELATED PRACTICES

Area of FOCUS

Safety Hazards
Automotive Defects
Emissions Regulations
Warranty Claims

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njsba.org

Student Mental Health and Social Media

Partner Michael Innes wrote an article titled “Why New Jersey school districts are filing lawsuits against social media companies, which is featured in the New Jersey School Board Association Reader Forum: Student Mental Health and Social Media.
Law360

Chrysler Owners Win Cert. Of 6M Class In Takata Airbag MDL

A judge has certified a class of roughly 6 million Fiat Chrysler vehicle owners who assert fraud claims against FCA US in sprawling multidistrict litigation accusing automakers of hiding the risks associated with allegedly explosive Takata airbags.
The 74

Carella Byrne’s Michael Innes Featured in Recent The 74 Article

Innes was featured in recent article titled Teen Mental Health Crisis Pushes More School Districts to Sue Social Media Giants. “The harms caused by social media companies have impacted the districts’ ability to carry out their core mission of providing education.”

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