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This week, Mercedes-Benz filed a motion to dismiss the class action lawsuit accusing the car company of manufacturing Spinter model vans with leaky air conditioning units, arguing that the plaintiffs cannot rely on Mercedes’s reputation to make claims against the company and assertions within the complaint constitute “mere puffery.”
The lead plaintiff, a car rental company located in California, filed the Sprinter class action lawsuit against the Mercedes Benz company in April alleging that defects in the air conditioning in the Mercedes Sprinter, a mini-van, causes the roof to leak. The plaintiff also alleged that Mercedes covered up the problem and charged owners thousands of dollars to repair the defect.
The Sprinter class action lawsuit alleged that the leaking water caused damage and mold growth in both the vans and damage to equipment contained in the vehicle. The plaintiff contended in his initial complaint that the owner of the car rental company decided to purchase the Sprinter 2500 and 3500 model vans as the flagship vehicle for his company based on his experiences riding in the vans while on tour in a band through Europe. The Sprinter class action lawsuit was removed to California federal court in May and the plaintiff has since filed several amended complaints.
According to the motion to dismiss the Sprinter class action lawsuit, the plaintiff can’t rely on Mercedes’s “reputation” or on advertisements touting the Sprinter as “the best commercial vehicle” as proof that the company purportedly addressed the leaks due to the air conditioning. “[S]uch generic assertions of product superiority constitute sale puffery and are not actionable,” Mercedes argued in its filing.
Mercedes also argued that the plaintiff’s amended complaints contain drastically different allegations from the original Sprinter class action lawsuit. Mercedes contends that the first complaint alleges that Mercedes fraudulently concealed the defect but that the plaintiff has failed to produce evidence establishing that Mercedes told owners of 2010 to 2014 Sprinter models that the leak had been fixed.
Mercedes also argues in its motion to dismiss the Sprinter class action lawsuit that a technical services bulletin used by mechanics to address potential leaks as proof that Mercedes acknowledged and was working on the issue cannot legally be used as evidence that the company admits to the defect and that the plaintiff had not shown how the service bulletin related to the Spinter model vans. Mercedes contended that the statements allegedly made by a Chrysler regional fleet services manager that the problem was being resolved, according to the plaintiff, cannot be attributed to Mercedes.
Mercedes also argued in its motion that allegations that the leaks caused mold to grow in the vehicles’ interior and cargo present in the passenger compartment to be damaged are not specific enough to carry the Sprinter class action lawsuit. Mercedes argues that the plaintiff cannot establish any claim against the vehicle manufacturer and the Sprinter class action lawsuit should be dismissed.
The lead plaintiff is represented by Steven A. Kronenberg of the Veen Firm PC.
The Mercedes Benz Sprinter Class Action Lawusit is Digby Adler Group LLC, et al. v. Mercedes-Benz USA LLC, et al., Case No. :14-cv-02349, in the U.S. District Court for the Northern District of California.
UPDATE: On Feb. 1, 2016, Mercedes agreed to provide an extended seven-year warranty that would cover AC units in Sprinter mini-vans in order to settle this class action lawsuit.
UPDATE 2: The Mercedes-Benz Sprinter van air conditioner class action settlement is now open! Click here to file a Claim Form.
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2 thoughts onMercedes Moves to Dismiss Sprinter Class Action Lawsuit
UPDATE 2: The Mercedes-Benz Sprinter van air conditioner class action settlement is now open! Click here to file a Claim Form.
UPDATE: On Feb. 1, 2016, Mercedes agreed to provide an extended seven-year warranty that would cover AC units in Sprinter mini-vans in order to settle this class action lawsuit.