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

Ford Freestar

Class Action Lawsuit Against Ford Motor Company

Summary of the Pending Case: On June 8, 2010, SFMS filed a class action complaint ("Complaint") against Ford Motor Company ("Ford" or "Defendant") in the United States District Court for the District of Maryland (Southern Division), on behalf of individuals in Maryland who purchased or leased 2004 and 2005 Ford Freestar and Mercury Monterey model vehicles ("Vehicles"). The Complaint alleges that the Vehicles are equipped with a defective torque converter that results in the sudden inability to maintain speed or accelerate and requires the torque converter, transmission, and/or related parts to be replaced and/or repaired at a significant monetary cost of approximately $1,000 to $3,000, exclusive of towing and other out-of-pocket costs. Plaintiff asserted claims for breach of implied warranty, violations of Marylandís consumer protection statute and unjust enrichment. The case is pending before the Honorable Alexander Williams, Jr.

Status of Pending Case: SFMS filed an amended class action complaint on September 17, 2010 ("FAC"), which added additional plaintiffs from various states. The FAC asserts claims on behalf of similarly situated Maryland, Illinois, Florida, South Carolina, Maine, Pennsylvania and New York residents. In response to the FAC, Ford filed a Motion to Dismiss on November 1, 2010. On December 9, 2010, Plaintiffs filed an opposition to Defendant's Motion to Dismiss.

On August 25, 2011, the Court granted in part and denied in part Defendant's Motion to Dismiss. The Court upheld the majority of Plaintiffs' consumer protection claims, while granting the Motion with respect to a majority of the unjust enrichment claims. With respect to Plaintiffs' implied warranty claims, the Court dismissed the implied warranty claims under Maryland, Pennsylvania, and South Carolina law. The Court upheld Plaintiffs' Maine and New York implied warranty claims.

On September 16, 2011, Defendant answered Plaintiffs' FAC.

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This page was last updated: 2011-10-03 15:19:46


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