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Honda Transmission Class Action Lawsuit Overview:
- Who: The United States Court of Appeals for the 9th Circuit reversed a lower court’s decision that excluded expert testimony from a decision in Honda’s favor.
- Why: The judge says the decision was “erroneous.”
- Where: The reversal occurred United States Court of Appeals for the 9th Circuit.
The United States Court of Appeals for the 9th Circuit has reversed a decision in favor of Honda in a lawsuit alleging that the automaker sold defective transmissions in its vehicles.
The case is now remanded back to the district court.
The 9th Circuit says the lower court abused its discretion by excluding expert testimony from an economist and statistician. It said survey analysis because it lacked “substantive probity,” but that decision was erroneous, the panel says.
“While the district court must act as a gatekeeper to exclude junk science that does not meet reliability standards, the test [according to precedent] is not the correctness of the expert’s conclusions, but the soundness of his methodology,” the panel says.
Class Action Claims Honda Odyssey Vehicles Would Shake, Shudder When Accelerated Into Higher Gears
The appellants sued American Honda Motor Co., Inc. on behalf of a putative class alleging a transmission defect in certain Honda Odyssey minivan models. They claimed transmissions in the Honda Odyssey, model years 2011 to 2016, were subject to severe shaking and shuddering when the vehicle would accelerate into second, third and fourth gear, according to Law 360. As a result, drivers noticed that when they pushed on the gas pedal, the vehicle would hesitate before accelerating. This caused an increased likelihood of a crash.
The expert testimony, issued in 2019, says the Odysseys become “less desirable” to consumers when the transmission defect is disclosed, Law 360 reports. It estimated a median economic loss per driver of about $3,041. Assuming Honda sold about 475,000 of these vehicles with the defect, the total classwide damages are more than $1.6 billion.
Honda is also awaiting final approval to a $33 million Honda class action settlement that will resolve claims that Honda sold vehicles with defective infotainment systems.
Do you agree with the appeals court’s decision? Let us know in the comments!
The drivers were represented by Gary E. Mason of Mason Lietz and Klinger LLP, Peretz Bronstein and Shimon Yiftach of Bronstein Gewirtz & Grossman and Jeffrey L. Osterwise and Lawrence Deutsch of Berger and Montague PC.
Honda was represented by Livia M. Kiser, Anne M. Voigts and Michael B. Shortnacy of King & Spalding LLP.
The Honda Defective Transmission Class Action Lawsuit is Dennis MacDougall, et al. v. American Honda Motor Co. Inc., Case No. 20-56060, in the United States Court of Appeals for the 9th Circuit.
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35 thoughts onHonda Defective Transmission Class Action Lawsuit Moves Forward After Appeals Court Reverses Decision
Same issue with my 2015 Odyssey. Have taken in 3 times each with with what now seems like a bandaid. My vehicle is still aggressively jerkjng and not shifting properly. I am at a loss about what to do anymore.
I have an older Pilot 2008 that has had this issue for a while now. Its a secondary vehicle and I still use and would like to keep it but may need a new transmission soon.
I own a 2021 Pilot with approx 26,000 miles on it – purchased new. Had 5 or 6 issues with transmission over the last 9 months and was told I had “junk in my gas” on first visit. Second visit was told they couldn’t replicate issue and the computer “barely threw” a code. 26 hours later I returned with vehicle throwing same transmission code and was told it needed a completely new transmission. Has been in the shop for 6 days now and of course I cannot get a “loaner” vehicle because they are so short of vehicles from the issues Covid shutdown created. Please add me.
Please add me
2017 Honda Odyssey requiring transmission replacement @ 70k miles. ATtempted to get assistance from Honda and was denied because there are “no open campaigns for my VIN”. Doesn’t seem right to have a $7k+ expense for a new transmission on a 5-year-old vehicle that I bought new.
my daughter has a CRV and had to have the transmission replaced already. Very scary as she had her 9 year old daughter with her when the transmission went out while they were driving. Is there a suit for CRVs? she is a single mom who would love for her to be reimbursed for the cost of replacing the transmission
my Honda civic 2015 with cvt transmission having issues , car vibrates and was told by Honda the wrong information please add me
How do I join the lawsuit I have a 2019 and it hesitates when trying to make a left turn they can be very dangerous and even when making a right turn sometimes
Did you ever find out how to join the lawsuit?
Please add me. We have an extended warranty and they are still trying to say it’s our fault. Um transmissions don’t fail after 3 years. I complained about this issue before kept saying nothing was wrong. Now my van is sitting in a shop an hour away. Waiting to get a new transmission.
How do you join this? I have a 2019 Honda Odyssey, I bought brand new off the lot and have these problems numerous times. I have taken it to the dealership multiple times and they always day its a software update.
How do I join, I have had problems with my Honda PLEASE ADD ME