The law office representing Subaru of America and Subaru Corporation (collectively Subaru) recently wrote a letter to U.S. District Court Judge Noel L. Hillman, to support a motion to dismiss filed in June 2020. This is a development in the ongoing class action lawsuit, originally filed by Christine Powell against Subaru for allegedly defective windshields.
According to Subaru’s lawyers, the letter is to provide “supplemental authority to support dismissing the lawsuit. The letter noted Powell has not met certain requirements listed in the auto manufacturer’s responses to the complaint.
“This supplemental authority is pertinent to whether the plaintiffs’ claim under the Magnuson Moss Warranty Act (MMWA) must be dismissed for failure to meet the jurisdictional threshold of naming at least 100 plaintiffs, which was discussed,” a portion of the letter reads.
The suit alleges Subaru was “manufacturing, marketing and selling new vehicles with defective and dangerous windshields that were spontaneously and/or unreasonably cracking, chipping and otherwise breaking.”
According to Subaru’s brief advocating dismissal, the drivers can’t sue over models they didn’t drive. The plaintiffs, according to court documents, have stated the auto manufacturer failed to inform them of the alleged dangerous defect and refused to cover the replacement cost. Subaru however has stated the claims “fail as a matter of law due in part to the overly broad class.”
According to the plaintiffs consolidated complaint, the vehicles represented in the case include 2017-2020 Subaru Forester, 2017-2020 Subaru Outback, 2017-2020 Subaru Crosstrek, 2017-2020 Subaru Legacy and 2017-2020 Subaru Impreza vehicles (collectively known as class vehicles). The plaintiffs are seeking replacement windshields and reimbursements for their repair costs, or for Subaru to buy their cars back, according to the consolidated complaint.
According to court documents, Subaru stated no plaintiff has ever purchased, leased, or owned a: Legacy of any model year; any 2017 Crosstrek, Forester, or Impreza; any 2019 Impreza; or any 2020 Crosstrek, Forester, or Impreza.
The suit added 15 new plaintiffs in February 2020. In March 2020 Subaru filed a motion to dismiss for failure to state a claim and lack of jurisdiction. In its most recent motion, Subaru notes several “errors” the plaintiffs have made.
Look to a future edition of glassBYTEs for more information on this suit.