— Ford transmission ‘massive’ lawsuit ends after litigation that usually doesn’t happen in court.
The Ford 6F35 Transmission Mass Action alleges that 2010-2020 Ford Fusion and 2009-2021 Ford Escape vehicles are defective because of a defective transmission.
According to the judge hearing the case, this is not a typical class action lawsuit because of the way the plaintiffs filed their complaint.
Whether you call this a Ford 6F35 transmission class action lawsuit or a transmission class action lawsuit, the argument regarding the alleged defect remains the same.
The lawsuit accuses Ford of “illegally inducing” consumers to buy the Ford Fusion and Ford Escape 6F35 vehicles by concealing transmission problems with the vehicles. The customer would then have to purchase a vehicle with reduced value and expensive repairs due to the transmission.
According to the Ford 6F35 transmission lawsuit, owners claim Ford Fusions and Ford Escapes have various issues:
Violent twitching and shaking
tremble and tremble
Latency acceleration
slipping gears
delayed downshift
Clinking sound when decelerating or accelerating at low speeds
bumps, surges or acceleration
Motion to cut off
Sean F. Cox first noted that plaintiff Gerkarrah Jones was the only named plaintiff in the original transmission lawsuit, but a spreadsheet accompanying the suit listed the names of nearly 4,000 other consumers, the suit said. These consumers are not mentioned in the text.
Although the lawsuit cited the Class Action Fairness Act, a judge ruled that the Ford transmission lawsuit was not a class action.
“It’s important to note that this is not a class action lawsuit. The case was filed as a mass lawsuit against nearly four thousand people seeking to sue Ford on an individual basis. The first amended complaint broadly claimed that these thousands of people Experienced one or more situations where their vehicle developed a litany of problems that they attributed to one or more of at least fifteen different possible defects.” — Judge Cox
These nearly 4,000 consumers owned multiple model years of Ford Fusion or Escape, equipped with one of several different types of transmissions, and purchased or leased them in 50 different states over a period of more than 10 years.
Ford filed a motion to remove nearly 4,000 Ford customers from the transmission lawsuit, and the motion was granted by Judge Cox.
The judge said Ford’s 6F35 transmission claims were wrongly consolidated and allowing nearly 4,000 customers to file repeated individual claims and move forward as a single lawsuit “would be impractical and unmanageable.”
Judge Cox dismissed all claims from nearly 4,000 Ford customers and said anyone could refile the suit as an individual action.
This allowed the sole named plaintiff, Gerkarrah Jones, to voluntarily dismiss all of her claims in the Ford transmission lawsuit.
The Ford 6F35 transmission class action lawsuit has been filed in the U.S. District Court for the Eastern District of Michigan (Southern Division): Gerkarrah Jones et al v. Ford Motor Co..
The plaintiffs are represented by Stern Law, PLLC, Wells Law Office, Inc., Marino Law PLLC and Newsome Melton, PA.
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