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In re GM Air Conditioning Mktg. & Sales Practices Litig.

In re GM Air Conditioning Mktg. & Sales Practices Litig.

United States District Court for the Eastern District of Michigan, Southern Division

October 26, 2021, Decided; October 26, 2021, Filed

Case Number: 18-md-02818

Opinion

ORDER DENYING DEFENDANT'S MOTION TO DISMISS (ECF No. 93)

In this putative consolidated class action, Plaintiffs allege that the air conditioning systems of vehicles manufactured by Defendant General Motors ("GM") are defective. In the Third Amended Consolidated Master Class Action Complaint (the "Complaint"), Plaintiffs assert several different claims against GM, including a claim under the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. (the "MMWA" or the "Act"), on behalf of a nationwide class (Count I), a breach of express warranty claim on behalf of a nationwide class (Count III), and several state-law claims on behalf of state-specific sub-classes. (See Compl., ECF No. 91.)

On December 16, 2020, GM moved to dismiss Plaintiffs' express warranty claims and to strike Plaintiffs' nationwide class allegations underlying their MMWA and warranty claims. (See Mot., ECF No. 93.) The Court held a video hearing on the motion on May 18, 2021. For the reasons explained [*4]  below, the motion is DENIED.

The Court previously described the factual background of this dispute in its Opinion and Order granting in part and denying in part GM's motion to dismiss Plaintiffs' First Amended Consolidated Master Class Action Complaint. (See Op. and Order, ECF No. 60.) The Court incorporates and will not repeat that background here. Facts relevant to the issues currently before the Court are included in the discussion below.

GM first argues that the Court should dismiss Plaintiffs' claims that GM breached the express limited warranty included with each class vehicle. (See Mot., ECF No. 93, PageID.4505-4507.) In relevant part, that warranty provides as follows:

The warranty covers repairs to correct any vehicle defect, not slight noise, vibrations, or other normal characteristics of the vehicle related to materials or workmanship.

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2021 U.S. Dist. LEXIS 205695 *; __ F.Supp.3d __; 2021 WL 4972636

IN RE: GENERAL MOTORS AIR CONDITIONING MARKETING AND SALES PRACTICES LITIGATION. ALL CASES

Prior History: In re GMC Air Conditioning Mktg. & Sales Practices Litig., 289 F. Supp. 3d 1340, 2018 U.S. Dist. LEXIS 17209, 2018 WL 671861 (J.P.M.L., Feb. 1, 2018)

CORE TERMS

warranty, class action, Plaintiffs', Threshold, district court, allegations, state law, subject-matter, federal court, nationwide class, class claim, named plaintiff, design defect, workmanship, class certification, consumer, defects, covers, hear, independent basis, express warranty, reasons, cases