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Tag Archives: Alleged Sunroof Defect
A judge has granted summary judgment to BMW in a sunroof defect lawsuit on all claims with the exception of one. The class action lawsuit was brought by two plaintiffs who allege their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not work properly.
Chrysler vehicle owners who filed a nationwide class action lawsuit alleging that a defect in their vehicles’ sunroofs cause them to leak have no grounds for their case, according to Chrysler.
Hyundai argues that U.S. District Court of California is not the right jurisdiction for a lawsuit brought by vehicles owners who say the automaker’s panoramic sunroofs “spontaneously shatter.”
The U.S. District Court for New Jersey has reopened discovery for Volvo in the alleged sunroof defect case brought by vehicle owners. The suit was filed in 2010 in U.S. District Court by Joanne Neale of Needham, Mass., and seven other owners, who asked for class action status.
The Third Circuit Court of Appeals is vacating a previous class certification and wants more details in a 2010 case by Volvo owners who allege their sunroofs harbor a defect, allowing water to flood the vehicles. “[W]e will vacate and remand the District Court’s class certification decision to allow the District Court to define the class membership, claims, and defenses, and so that it may rigorously analyze predominance in the first instance,” according to court documents.
Chrysler has asked the judge to strike plaintiffs’ claims for damages and injunctive relief due to a Basic Limited Warranty former owners received when they purchased their vehicles. The class action lawsuit revolves around allegations that certain Chrysler models have a sunroof defect that causes them to leak.
A judge for the U.S. District Court for the Northern District of California has upheld two claims and dismissed one claim against BMW in a complaint brought against the company by two vehicles owners alleging a sunroof defect.
In their appeal to overturn a lower court’s approval of a six-state class action over an alleged sunroof defect, Volvo’s attorneys claim, “[T]he certified classes include former owners of class vehicles, many of which now reside in a junkyard. And former owners have no need to repair a vehicle they no longer own and that functioned without incident for as long as they owned it.”
BMW owners Monita Sharma and Eric Anderson have filed an amended third class action complaint in the U.S. Northern District Court of California, San Francisco division, alleging their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not properly work. “[The court] determined that plaintiffs’ Consumer Legal Remedies Act and the Unfair Competition Law claims could not stand because there were insufficient allegations in the complaint to establish that BMW was aware of the safety defect at issue before the plaintiffs purchased their vehicles. However, the court granted plaintiffs the right to amend their complaint to remedy this deficiency,” according to court documents.
The owners of Volvos involved in a six-state class action lawsuit against the automaker have filed a “Brief of Appellees” in the U.S. Court of Appeals for the Third Circuit, arguing that the case should go forward despite Volvo’s objections. … Continue reading
Attorneys for BMW of North America (NA) claim a recent decision by the Ninth Circuit Court supports their motion to dismiss a case brought by BMW owners in the U.S. Northern District Court of California, San Francisco division, over an alleged sunroof defect. BMW’s attorneys filed a statement with the court claiming, “The arguments made by BMW NA to dismiss plaintiffs’ warranty claims are the exact holdings of the Ninth Circuit in [Troup versus Toyota Motor Corp.]”
A New Jersey U.S. District Court judge has denied Volvo’s motion to reconsider the six-state class-action status of a lawsuit filed over an alleged defect in the automaker’s sunroofs, which plaintiffs claim allows water to flood their vehicles.