Shepherd, Finkelman, Miller & Shah, LLP-Attorneys At Law
Shepherd, Finkelman, Miller and Shah, LLP

Volvo Cars of North America, LLC and Volvo Car Corporation

Class Action Lawsuit Against Volvo Cars of North America, LLC and Volvo Car Corporation

Summary of the Pending Case: On August 13, 2009, SFMS, along with co-counsel, filed a class action complaint ("Complaint") against Volvo Cars of North America, LLC and Volvo Car Corporation (collectively, “Defendants” or “Volvo”) in the United States District Court for the District of New Jersey. The case is assigned to the Honorable Dennis M. Cavanaugh. The Complaint alleges that Defendants failed to disclose to Plaintiffs and other consumers that Volvo model XC90 T6 vehicles, model years 2003-2005, equipped with a General Motors (“GM”) sourced, and Volvo modified, 4T65 automatic transmission (“Vehicles”), are predisposed to slippage, hesitation, harshness, premature clutch wear, transmission fluid contamination by axle fluid, differential fluid, and/or engine coolant, internal metal debris, and overheating. It is alleged that these problems can lead to failure of the Vehicles’ transmission. Plaintiffs allege violation of the New Jersey Consumer Fraud Act, seek recovery for alleged negligent misrepresentation, breach of express warranty, breach of implied warranty, the covenant of good faith and fair dealing, common law fraud and unjust enrichment.

Status of Pending Case: On November 20, 2009, Plaintiffs filed an Amended Complaint, which includes consumer protection claims on behalf of a nationwide class, as well as consumer protection claims under additional states’ laws, including California, Massachusetts, Florida and Washington.

On January 8, 2010, Defendants moved to dismiss Plaintiffs’ Amended Complaint and Plaintiffs opposed Defendants’ Motion.

On July 21, 2010, the Court issued an Order granting, in part, and denying, in part, Defendants' Motion. The Court has allowed Plaintiffs' claims for breach of express warranty, breach of implied warranty and breach of the implied covenant of good faith and fair dealing to proceed. Further, the Court has allowed Plaintiffs' omissions-based claims to continue. The parties are currently engaged in discovery.

Defendants answered Plaintiffs' Amended Complaint on March 24, 2011 and filed an Amended Answer on April 6, 2011.

On July 14, 2011, this case was reassigned to the Honorable Claire C. Cecchi.

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This page was last updated: 2011-09-29 11:10:04

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