Volvo Cars of North America, LLC and Volvo Car Corporation

Summary of Pending Case: On August 13, 2009, Shepherd, Finkelman, Miller & Shah, LLP, along with co-counsel, filed a Class Action Complaint on behalf of Plaintiff, Lynn Henderson, 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. Plaintiffs have opposed Defendants’ Motion and it is expected that the Court will rule on the merits of Defendants’ Motion.

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