Fiat Seeks Dismissal of Electronic Gearshift Defect MDL

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FCA US LLC has filed three motions asking a federal Michigan court to dismiss multidistrict litigation stemming from an alleged faulty electronic gearshift system that can cause certain vehicles to roll away if they are not put in the “park” position before the driver exits the vehicle.

Fiat Chrysler argues that the plaintiffs have not shown that they have suffered an injury from the alleged electronic gearshift system defect, and that therefore they do not have standing to bring the gearshift defect class action lawsuit.

The motor company claims that the plaintiffs are looking for an “auto-park” feature that was never promised by Fiat, but which is provided free of charge through a recall that was reportedly initiated before the gearshift defect class action lawsuits were filed.

Fiat Chrysler also argues that the plaintiffs failed to support their fraud claims and that their claims that were initially filed in California federal court should be dismissed since the California federal court does not have jurisdiction in this class action lawsuit.

According to the dismissal motions filed by Fiat, the plaintiffs’ fraud claims fail because Fiat never promised consumers that the vehicles were equipped with an “auto-park” safety feature.

As to the California jurisdiction issue, Fiat argues that FCA US LLC was not formed under California law and that it does not have headquarters in the state. The motor company also argues that none of the 20 named plaintiffs live in California and none of them have said they purchased their vehicles in the state. Therefore, there is no connection between the plaintiffs and the state of California and therefore California law should not apply to this gearshift defect class action lawsuit, Fiat claims.

The plaintiffs responded by immediately filing motions opposing Fiat’s motions to dismiss the Fiat gearshift defect class action lawsuit, arguing that they have experienced a concrete injury.

They also disagree that their consolidated Fiat class action lawsuit is about them wanting an “auto-park” feature that wasn’t promised. The plaintiffs say that they “want their vehicles to engage and stay in park when placed in that gear as intended and customary.”

The plaintiffs argue that the National Highway Traffic Safety Administration has identified more than 300 roll-away incidents that were allegedly caused by the Fiat gearshift defect. Of these incidents, 121 reportedly involved crashes and 30 involved injuries. Fiat reportedly recalled more than 800,000 vehicles.

According to the Fiat class action lawsuit, the plaintiffs overpaid for the vehicles and were forced to spend time to have the repairs done because of the alleged defect. They claim the affected vehicles are “unreasonably dangerous.”

The Fiat gearshift class action lawsuit currently involves 32 named plaintiffs from 18 states.

The plaintiffs are represented by E. Powell Miler and Sharon S. Almonrode of The Miller Law Firm PC, Joseph H. Meltzer of Kessler Topaz Meltzer & Check LLP, Steve W. Berman of Hagens Berman Sobol Shapiro LLP, Daniel E. Gustafson of Gustafson Gulek PLLC, Robert K. Shelquist of Lockridge Grindal Nauen PLLP, Gregory F. Coleman of Greg Coleman Law PC, and David Honigman of Mantese Honigman PC.

The Fiat Electronic Gearshift Defect Class Action Lawsuit is FCA US LLC Monostable Electronic Gearshift Litigation, Case No. 2:16-md-02744, in the U.S. District Court for the Eastern District of Michigan.

UPDATE: On Jan. 31, 2019, lead plaintiffs in a Fiat Chrysler electronic gearshift defect class action lawsuit say that their proposed Class of vehicle owners and lessees should be certified.

UPDATE 2: On Feb. 12, 2019, Fiat Chrysler Automobiles asked a Michigan federal judge to eliminate some claims from a class action lawsuit filed by drivers who say that Jeep Grand Cherokees and other vehicles have faulty gearshifts.

UPDATE 3: On Dec. 9, 2019, drivers who claimed that they paid too much for Fiat Chrysler vehicles with defective gearshifts will receive partial Class certification in their gearshift multidistrict litigation.