— HEMI tick lawsuits will continue to make their way through the courts, but some have been dismissed, including all of the major national class actions.
The HEMI Engine Litigation includes those vehicles equipped with the third generation 5.7L HEMI or 6.4L HEMI 392 V8 engines.
2014-2016 Chrysler 300
2014-2016 Dodge Challenger
2014-2016 Dodge Charger
2014-2021 Dodge Durango
2014-2022 Jeep Grand Cherokee
2014-2020 RAM 1500
2014-2022 RAM 2500
2014-2022 RAM 3500
Five Ram truck owners have filed a nationwide class-action lawsuit alleging valvetrain defects that cause HEMI engines to make ticking noises and could cause lifters, camshafts and ultimately the engine to fail, the lawsuit said.
HEMI engine problems can also cause misfires, rough idle, surging, and drivers may hear squeaking or knocking noises in addition to ticking noises.
According to the HEMI ticking lawsuit, valve train components generate metal shavings (see photo) that circulate throughout the HEMI engine, damaging the engine.
Plaintiffs claim that their vehicles have lost value due to HEMI failures and their causes. Additionally, FCA customers claim that replacing engines or parts could easily cost thousands of dollars.
However, the lawsuit claims Chrysler replaced the defective parts with equally defective ones, forcing owners to incur huge expenses.
In 2017, Chrysler issued STAR Case Report S1709000010 regarding HEMI engines.
“Customer complaints may include unusual engine noise, rough idle, lack of power, misfires. Upon investigation, one or more cam lobes may be found to have excessive camshaft lobe/lifter wear (roller failure), requiring camshaft/lifter replacement. If excessive camshaft lobe/lifter wear (roller failure) is found, further inspection should be performed before attempting repair. The Variable Valve Timing (VVT) system’s Oil Control Valve (OCV) should be removed to inspect for debris.” — STAR Case Report S1709000010
According to the engine lawsuit, the STAR report allegedly proves that FCA knew the HEMI engines were defective.
Motion to Dismiss HEMI Tick Litigation (GRANTED IN PART)
The FCA argued that the nationwide class action allegations should be dismissed because “plaintiffs cannot bring actions on behalf of putative class members unless they themselves have standing to bring those actions.”
However, the plaintiffs believe that this issue should be decided later at the class certification stage.
In a major blow to the case, the judge ruled that the nationwide class action allegations failed.
“While some courts, including this one, have delayed consideration of standing until a motion for class certification has been filed, this order of decision is not inflexible. Plaintiffs do not contend that they have standing to sue on behalf of consumers in states where they do not reside, and therefore Plaintiffs’ nationwide class action claims should be dismissed.” — Judge Gregory B. Williams
The judge dismissed the claims for unjust enrichment and express warranty, but the dismissal did not affect the plaintiff’s claims, allowing the plaintiff to amend and re-file the claims.
However, the judge refused to dismiss several claims, including claims based on fraud, implied warranty claims, Magnuson-Moss Warranty Act claims and Louisiana Products Liability Act claims.
The following Chrysler customers have filed HEMI tick lawsuits:
Stephen Fleischlager / New Hampshire / 2017 Ram 1500
Orlando Garcia / Texas / 2016 Ram 1500
David Kinchen / Louisiana / 2016 Ram 1500
Shawn Petro / Illinois / 2020 Ram 2500
Troy Stallings / Illinois / 2014 Ram 3500
HEMI Engine Ticking Lawsuit Filed in U.S. District Court for the District of Delaware: Petro et al. v. FCA US LLC.
The plaintiffs are represented by Berger Montague PC, Capstone APC, Kopelowitz Ostrow Ferguson Weiselberg Gilbert and Gordon & Partners, PA
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