JPML Centralizes Navistar Engine Defect Class Action Lawsuits

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The Judicial Panel on Multidistrict Litigation centralized several Navistar defective diesel engine class action lawsuits, deciding that the cases were similar enough regarding the advanced exhaust gas recirculation emission control system that it made sense to put them together under the oversight of U.S. District Judge Joan B. Gottschall in the Northern District of Illinois.

The various cases have been filed around the country from Texas to New Jersey. In all of them, plaintiffs like Priority Towing Inc. allege that the MaxxForce heavy-duty diesel engines do not properly recirculate the air, causing them to fail Environmental Protection Agency emission standards and further cause intake issues that lead to “repeated breakdowns of the EGR system, including broken sensors, valves and other system and engine components.”

For many of the plaintiffs in the now centralized cases, the problems began once the warranty had expired and they believed that Navistar had been aware of the nature of defective diesel engine offerings at the time of sale. As a result, the JPML noted that they are seeking damages for “claims for breach of express and implied warranties.” While many agreed on the Northern District of Illinois, others differed.

A few wanted the cases to be centralized in New Jersey, while one had advanced far enough in Texas that the plaintiffs did not want their progress to go to waste regarding the MaxxForce engines. The Judicial Panel on Multidistrict Litigation decided to leave out the Texas class action lawsuit, which may go to trial as soon as early next year.

However, regarding the other cases, the centralization under U.S. District Judge Gottschall makes sense because she “is an experienced transferee judge” and the related class action lawsuits “share factual questions arising from alleged defects” and a majority seek to represent a putative nationwide Class of people who purchased or leased vehicles with the MaxxForce engines, according to the judicial panel. The JPML noted that any pertinent information from the Texas case could be provided as necessary to the multidistrict litigation in Illinois.

Priority Towing Inc. is represented by Steve R. Jaffe, Mark Fistos and Seth M. Lehrman of Farmer Jaffe Weissing Edwards Fistos & Lehrman PL, Steven G. Calamusa of Gordon & Doner PA, Richard J. Burke, Jeffrey A. Leon, Jamie E. Weiss and Zachary Jacobs of Quantum Legal LLC, Jonathan Shub of Seeger Weiss LLP and James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC.

The Navistar Defective Diesel Engine Class Action Lawsuits are centralized as In Re: Navistar Maxxforce Engines Marketing, Sales Practices and Products Liability Litigation, MDL No. 2590, in the U.S. District Court for the Northern District of Illinois.

UPDATE: On May 29, 2019, Navistar and a proposed Class of truck drivers have reached a $135 million settlement that would end claims that Navistar intentionally sold defective diesel engines.