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United States District Court for the Eastern District of Michigan, Southern Division
June 30, 2021, Decided; June 30, 2021, Filed
Case No. 19-11745
[*641] Order Granting in Part and Denying in Part Defendant's Motions to Dismiss [26, 34]
In this consolidated putative class action, Plaintiffs, eight current and former Jeep [*642] Wrangler owners, bring claims under the Magnuson-Moss Warranty Act ("MMWA"), 15 U.S.C. § 2301 et seq., and several state warranty and consumer fraud statutes, against Defendant, FCA US LLC, the designer and manufacturer of Jeep [**2] vehicles. The gravamen of Plaintiffs' complaints is that Defendant failed to warn prospective Jeep purchasers of a defect, and has failed to cure the defect as required by its warranties. Defendant now moves to dismiss. (ECF No. 26; ECF No. 34). For the reasons articulated below, Defendant's Motions [26, 34] will be GRANTED in part and DENIED in part. Plaintiffs' claims for breach of express warranty under Tennessee and Georgia law, breach of implied warranty under North Carolina law, and violation of the Colorado Consumer Protection Act, the Minnesota Uniform Deceptive Trade Practices Act, Georgia's Uniform Deceptive Trade Practices Act, and the North Carolina Unfair and Deceptive Trade Practices Act, will be DISMISSED without prejudice. Plaintiffs' MMWA claims will also be DISMISSED as to any state for which a named Plaintiff does not assert a valid warranty claim.
The defect of which Plaintiffs complain is commonly referred to as the "Death Wobble."1 When a vehicle affected by the Death Wobble encounters a bump at highway speeds, its front-end steering components, including its steering wheel, begin to violently shake from side to side. (Reynolds Am. Compl. ("RAC") ¶ 2). Drivers who experience the Death Wobble report feeling as though their vehicles are out of control and coming apart at the seams. (Id. ¶¶ 155, 171). The only way to reliably [**3] stop the shaking is to bring the vehicle to a complete stop. (Id. ¶ 171). Plaintiffs allege that "[t]he 'Death Wobble' makes [affected vehicles] unsafe to operate by impairing the operator's ability to steer and control . . . while presenting a safety risk to the occupants and others on the road." (Id. ¶ 3).
According to Plaintiffs, the Death Wobble is caused by "a defectively designed and/or manufactured solid front axle suspension and damping system." (Id. ¶ 2). Specifically, Plaintiffs contend that Defendant's four-link front suspension design "increases the number of wear items (including bushings) within the suspension system," requiring Jeep vehicles to have "high quality suspension components," but that the affected "[v]ehicles contain inadequate rubber bushings that experience tearing, premature wear[,] and failure." (Id. ¶ 148-49).
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
546 F. Supp. 3d 635 *; 2021 U.S. Dist. LEXIS 121973 **; 105 U.C.C. Rep. Serv. 2d (Callaghan) 246; 2021 WL 2682794
CLAIR REYNOLDS, ET AL., Plaintiffs, v. FCA US LLC, Defendant.
Wobble, repair, warranty, notice, dealership, implied warranty, Plaintiffs', steering, allegations, privity, manufacturer, argues, damper, class action, driving, claim for breach, consumer, omission, courts, express warranty, third-party, defects, warranty claim, pleaded, motion to dismiss, installation, replaced, speeds, cure, district court
Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Heightened Pleading Requirements, Fraud Claims, Justiciability, Mootness, Real Controversy Requirement, Summary Judgment, Entitlement as Matter of Law, Genuine Disputes, Antitrust & Trade Law, Consumer Protection, Magnuson-Moss Warranty Act, Scope, Torts, Products Liability, Types of Defects, Manufacturing Defects, Business & Corporate Compliance, Contracts Law, Types of Contracts, Express Warranties, Commercial Law (UCC), Contract Provisions, Warranties, Implied Warranty of Merchantability, Theories of Liability, Breach of Warranty, Breach, Sales of Goods, Merchantability, Third Party Beneficiaries, Buyer Remedies, Damages, Damages for Breach Following Acceptance, Breach, Excuse & Repudiation, Notice Requirements, Notice of Breach, Deceptive & Unfair Trade Practices, State Regulation, Governments, Legislation, Statute of Limitations, Time Limitations, Tolling, Discovery Rule, Trials, Jury Trials, Province of Court & Jury, Trade Practices & Unfair Competition, State Regulation, False Advertising, Remedies, Injunctions, Preliminary & Temporary Injunctions