Navistar Liability Litigation
Background
Plaintiffs bring this class action for declaratory judgment and/or injunctive relief, as well as money damages against Navistar for: unfair, unlawful, and fraudulent business practices; breach of express and implied warranties; and related claims, on behalf of themselves and all persons or entities residing in the United States who purchased, not for resale, or leased a vehicle equipped with a 2010-2013 model year MaxxForce 11,13 or 15 Advanced EGR diesel engine. The plaintiffs allege that Navistar sold or leased the 2010-2013 model year Engines to Plaintiffs with a defectively-designed integrated emissions system. The emissions system defect allegedly resulted from Navistar’s election to use “Exhaust Gas Recirculation” (EGR) emissions technology with the MaxxForce Engines to comply with the EPA emissions standards for trucks manufactured with model years 2010 and later. Every major U.S. truck manufacturer except Navistar chose to meet the 2010 EPA standards with “Selective Catalytic Reduction” (SCR) technology, which treats exhaust with a urea-based chemical after it leaves the engine.
Class
All entities and natural persons who purchased or leased a 2011-2014 model year vehicles equipped with a MaxxForce 11- or 13-liter engine certified to meet EPA 2010 emissions standards without selective catalytic reduction technology, provided that vehicle was purchased or leased in any of the fifty (50) States, the District of Columbia, Puerto Rico, or any other United States territories and/or possessions.
Excluded from the Class are: (1) all federal court judges who have presided over this Litigation and any members of their immediate families; (2) all entities and natural persons that have litigated claims involving Class Vehicles’ allegedly defective EGR emissions system against Navistar to final, nonappealable judgment (with respect to those vehicles only); (3) all entities and natural persons who, via a settlement or otherwise, delivered to Navistar releases of their claims involving Class Vehicles’ allegedly defective EGR emissions system (with respect to those vehicles only); (4) Defendants’ employees, officers, directors, agents, and representatives, and their family members; (5) any Authorized Navistar Dealer of new or used vehicles; (6) any person or entity that purchased a Class Vehicle solely for the purposes of resale (with respect to those vehicles only); (7) any person or entity that was a lessee of a Class Vehicle for fewer than thirty (30) days (with respect to those vehicles only); and (8) Idealease and Navistar Leasing Co. (lessees of Class Vehicles from these entities are part of the Class).
Settlements
$135 million
Each class member has the option to choose from three different forms of relief for each truck the Class Member owned or leased:
- Up to $15,000 in reimbursements for documented out-of-pocket expenses for each owner and lessee of each truck
- A cash payment of $2,500 per truck without documentation of any damages, apportioned among different owners and lessees of that truck over the class period
- A $10,000 rebate toward the purchase of a new Navistar truck, apportioned among different owners and lessees of that truck over the class period
SUCESS STORIES
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Disclaimer: Plaintiffs in the Rule 23(b)(3) Class (Money Damages Class) have reached a proposed settlement in this action. Material reflecting this proposed settlement were filed September 18, 2018 with the Court. No claim forms are available at this time, and no claims-filing deadline exists. If the settlement is approved, no-cost assistance will be available from the Class Administrator and Class Counsel during any claims-filing period. No one is required to sign up with any third-party service in order to participate in any settlement. For additional information regarding the status of the litigation, interested persons may visit www.paymentcardsettlement.com, the Court-approved website for this case.
