Chrysler Pacifica Hybrid class action lawsuit suspended

November 8, 2024 — The Chrysler Pacifica Hybrid class action lawsuit has been put on hold as some of the plaintiffs’ claims have been submitted to arbitration.

The plaintiffs allege that the Pacifica hybrid minivan “had a defective propulsion system that could cause power to shut down immediately while the vehicle was in motion.”

The lawsuit was filed just weeks after Fiat Chrysler recalled 2017-2023 Pacifica Hybrids due to a problem that could shut down the minivan.

The problem in the Chrysler Pacifica Hybrid is caused by an internal transmission line connector that can short out and cause the engine to lose power and shut down.

Like many auto class action lawsuits, this one was filed until back FCA recalled the minivans, but more than 30 plaintiffs claim Chrysler knew about and concealed problems with the Pacifica Hybrid before the minivans were sold.

The class action lawsuit also claims that the recall repairs don’t actually fix the minivans.

According to the Pacifica Hybrid lawsuit, Chrysler was supposed to buy back its minivans at the Blue Book value to every customer the day before the recall was announced.

Chrysler Pacifica Hybrid Litigation – Motion to Compel Arbitration

FCA said certain plaintiffs should be sent to arbitration and the Pacifica Hybrid class action lawsuit should be dismissed.

Chrysler told the judge that 12 plaintiffs signed sales contracts that included valid arbitration agreements and that one of them should be forced to mediate his claims.

Judge Jonathan JC Gray ruled that the FCA “had presented sufficient evidence that the plaintiff’s arbitration agreement ‘clearly and unmistakably’ stated an intention to arbitrate the arbitrability issue. The arbitrator must therefore decide between the parties “Whether the present dispute falls within the scope of the arbitration agreement”.

“In summary, it is undisputed that the said plaintiff’s arbitration agreement contains an express delegation clause and that the language in the agreement is unmistakable evidence for the determination of the scope, enforceability and applicability of the arbitration agreement. power has been delegated” to the arbitrator. ” — judge gray

In the case of one plaintiff, the judge held that the sales contract signed by the plaintiff contained a mediation clause.

The judge granted FCA’s motion to compel arbitration against the 12 plaintiffs but denied a motion to dismiss the class action lawsuit. For the remaining plaintiffs, the class action lawsuit is on hold.

The Chrysler Pacifica Hybrid class action lawsuit has been filed in the U.S. District Court for the Eastern District of Michigan (Southern Division): Kappes et al v. FCA US, LLC.

The plaintiffs are represented by Hagens Berman Sobol Shapiro LLP and The Miller Law Firm.