Land Rover North America, Inc.

Summary of Pending Case: On November 20, 2006, Shepherd, Finkelman, Miller & Shah (“SFMS” or the “Firm”) filed a complaint against Land Rover of North America ("Land Rover") alleging that Land Rover LR3 model tires are wearing unevenly and prematurely, thus, causing owners and lessees to replace the tires after a very short life-span. On average, it appears that consumers’ tires are wearing unevenly especially on the inside of the tires and many have to replace the tires prematurely. Land Rover issued a technical service bulletin LA 204-005 in the US in October 2006, which covers VINS from 5A000360 to 6A403382. The TSB states that uneven tire wear may be caused by a degree of bush settle that affects the geometry of the tires increasing tire wear. In October 2006, Land Rover also issued TSB LS 204-008 in the United States, which covers Range Rover (LS) VIN Nos. 6A900129 to 6A970174. TSB LS 204-008 likewise attributes premature tire wear in these vehicles to the steering alignment geometry of the affected vehicles experiencing "bushing settlement."

Status of Pending Case: On March 1, 2007, SFMS filed an Amended Class Action Complaint (“Amended Complaint”) against Land Rover for violation of California’s Unfair Competition law and Secret Warranty Act, as well as breach of state Consumer Warranty Statutes. The Amended Complaint, among other things, expands the proposed class in the original complaint to include California owners and lessees of year 2006 LR3 vehicles. Defendant answered Plaintiffs' Amended Complaint in May 2007. Plaintiffs have served discovery upon Land Rover and seek documents and information relevant to Plaintiffs' case.

On or about April 2, 2007, SFMS filed a Class Action Complaint against Land Rover on behalf of all Michigan owners and lessees of model year 2004, 2005 and 2006 Land Rover LR3s, in the United States District Court for the Central District of California ("Michigan Action"). Land Rover answered Plaintiff's Complaint in the Michigan Action in May 2007. In the Michigan Action, a Scheduling Conference was held before the Honorable Andrew J. Guilford on July 30, 2007. On January 16, 2008, Plaintiff filed his Motion for Class Certification. Discovery is ongoing in the Michigan Action. A hearing was held on Plaintiff's Motion for Class Certification on June 23, 2008. On September 30, 2008, the Court denied Plaintiff’s Motion for Class Certification. Plaintiff has appealed this decision to the Ninth Circuit Court of Appeals. The Michigan Action is currently stayed pending the appeal.

On May 31, 2007, SFMS filed a Class Action Complaint against Land Rover on behalf of all Florida owners and lessees of Land Rover LR3s, in the United States District Court for the Central District of California ("Florida Action") . On January 16, 2008, Plaintiff moved for Class Certification and currently SFMS is continuing with discovery in the Florida Action. A hearing was held on Plaintiff's Motion for Class Certification on June 23, 2008. On September 30, 2008, the Court denied Plaintiff’s Motion for Class Certification. Plaintiff has appealed this decision to the Ninth Circuit Court of Appeals. The Florida Action is currently stayed pending the appeal.

On October 10, 2007, SFMS filed a Class Action Complaint against Land Rover on behalf of all Ohio owners and lessees of Land Rover LR3s, in the United States District Court for the Central District of California. Land Rover answered Plaintiff's Complaint on November 13, 2007. On June 2, 2008, Plaintiff moved for Class Certification on behalf of a class of all current and former consumer owners and lessees of model year 2005 and 2006 Land Rover LR3s registered in the State of Ohio. The Ohio Action has been stayed pending resolution of Plaintiff’s Motion for Class Certification.

On August 8, 2008, SFMS filed a Class Action Complaint against Land Rover on behalf of all Wisconsin owners and lessees of Land Rover LR3s, in the Circuit Court of Wisconsin, Milwaukee County (“Wisconsin Action”). This Wisconsin Action was removed to the Eastern District of Wisconsin on September 18, 2008. Subsequently, Land Rover filed a Motion to Dismiss certain claims from Plaintiffs’ Complaint. Plaintiffs have opposed this Motion and a decision will be rendered on the merits.

SFMS has also filed Class Action Complaints against Land Rover on behalf of Colorado, Connecticut, Maryland, and Washington owners and lessees of Land Rover LR3s, in Courts in Colorado, Connecticut, Maryland, and Washington.

Land Rover has moved to transfer and consolidate the Wisconsin, Colorado, Maryland and Washington Actions with the litigation pending in California.

On January 27, 2009, the Ninth Circuit granted Plaintiffs Wolin and Gable’s petitions for permission to appeal the District Court’s Orders denying Class Certification. Appellants’ opening brief will be filed on or before May 11, 2009 and appellee’s response is due on June 22, 2009.

If you own or lease a Land Rover LR3 and are experiencing uneven and premature wearing of the tires, please submit your information to SFMS through the form below.

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