On March 27, 2017, the Honorable Douglas A. Arpert of the United States District Court for the District of New Jersey granted final approval of the $17.5 million settlement reached in Q+Food LLC v. Mitsubishi Fuso Truck of America Inc., 1:14-cv-06046 (U.S.D.C. New Jersey). Axler Goldich, along with Shepherd, Finkelman, Miller and Shah, LLP, Donovan Litigation Group, and Murphy Law Firm were previously appointed and subsequently confirmed in the Final Order as Lead Class Counsel.
For additional information, view the claims settlement website here.
Axler Goldich is Co-Lead Counsel in this case, a breach of warranty class action arising from Defendant, Mitsubishi Fuso Truck of America, Inc.’s (“Defendant” or “MFTA”), repeated failure and inability to deliver conforming, non-defective trucks, causing the warranty to fail of its essential purpose and constituting a model-wide breach of contract. As designed, adapted and installed on the diesel-powered, medium duty trucks sold by Defendant, BlueTec® technology has rendered the trucks defective. The technology has resulted in the repeated failure of the Diesel Exhaust Fluid handlers, the fuel injectors, the crank case pressure sensors and breather, the catalytic converter muffler, the DEF tank internal sensor, the engine protection system, the EEC programming, as well as a lack of power, and numerous other problems that have caused the trucks to stall or not restart.
In short, all medium duty trucks with the BlueTec® technology sold by Defendant have manifested a model-wide defect causing operational failures about which purchasers throughout the country have continuously complained. These defects and others have been so extensive as to render the trucks sold by Defendant equipped with the BlueTec® technology inoperable for prolonged periods of time, thus costing their owners thousands of dollars in replacement vehicle costs, lost deliveries and work, and back-up trucking expenses.
This suit is brought on behalf of Plaintiffs and all other purchasers of Defendant’s diesel-powered, medium duty trucks using engines equipped with BlueTec® technology for breach of express and implied warranty under New Jersey, Florida, California, Ohio and Pennsylvania law; breach of the duty of good faith and fair dealing; violations of the New Jersey Consumer Fraud Act, the Florida Deceptive and Unfair Trade Practices Act, and the California Unfair Competition Law; and negligent design/engineering/ manufacturing under Ohio law. The action seeks, among other things, damages from loss of warranty investment value, replacement and repair damages, back-up rental and use costs, diminution in value, lost work and other consequential damages, treble damages, interest, and reasonable attorneys’ fees and costs.