Volvo Cars of North America LLC and Volvo Car Corporation (collectively Volvo) fought back in Federal Court against a renewed motion for class certification in its ongoing legal battle centered on alleged defective sunroofs for select models that has gone on for more than a decade, according to court documents.
The class action suit was filed on behalf of a number of Plaintiffs, against the defendant Volvo.
Volvo’s attorneys note that the New Jersey Federal Court and the Third Circuit have repeatedly rejected the Plaintiffs’ certification efforts for “failure to satisfy predominance, ascertainability, and (most recently) numerosity requirements over the past decade.” Volvo says the Plaintiffs have yet to prove they have all of the requirements to continue the lawsuit.
The Plaintiffs’ fifth renewed motion seeks to certify two subclasses in California, Florida, Massachusetts and New Jersey. One consists of those who purchased certain model and model year vehicles from a Volvo dealership and who still own the vehicles as of an unspecified future date tied to a class certification order.
“But because membership is determined at some future point in time, Plaintiffs cannot establish numerosity [a numerous amount]. The only evidence Plaintiffs have offered stops at June 20, 2020, and is now old. Who knows how stale that evidence will be six months or a year from now? The vehicles in the proposed subclasses, which range from nine to 17 years old, are being sold or scrapped with each passing day,” a portion of Volvo’s opposition memorandum reads.
“After more than a decade of failed attempts, the Court should deny Plaintiffs’ renewed motion with prejudice because Plaintiffs have not met their burden of providing all requirements,” Volvo said in its opposition memorandum.
The lawsuit, which was originally filed in 2010 by Joanne Neale, alleged Volvo was responsible for defective sunroofs that caused water leaks in certain models. A new deposition was then added to the class action suit in 2018 by Kelly McGary, who claimed she has not experienced any issues with its sunroof even after leaving her vehicle parked outside, exposing it to various weather conditions.
When questioned about ever noticing any leaks herself, by her mechanic or by her staff members who also drive the vehicle, she answered no.
Plaintiffs want a federal judge to certify their proposed class in a new motion. They claim Volvo sold the defective sunroofs that led to interior damage to its vehicles. According to court documents, some Volvo owners noticed excess water inside of their vehicles after their limited warranty period was up.
In April 2020, Volvo defense attorneys filed a letter to the presiding judge urging the court to dismiss subpoenas, filed by the plaintiffs, requesting additional information from the Department of Motor Vehicles (DMV) in an ongoing leaking sunroof class action lawsuit. In mid-June the Court directed the plaintiffs to serve (but not file) their renewed motion for class certification by July 15, 2020. After the renewed motion was served both parties were to meet and confer.
Look to a future edition of glassBYTEs for continued coverage of the suit.