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Update:
- The U.S. Supreme Court will not consider a bid by trucking companies Drasc Inc. and S&C Trucks of Winklepleck Ltd. to pursue separate product liability claims against Navistar rather than take part in a $135 million class action settlement.
- The companies have been denied their request twice denied by the Seventh Circuit last year.
- Navistar told the Supreme Court that the companies and their counsel had full knowledge of the deal but didn’t communicate their desire to opt out until months past the deadline and weeks after final judgment was entered in the case.
- Drasc and S&C argued they hadn’t received proper notice that they had to opt out of the settlement.
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.
Under the proposed settlement deal, Navistar will create an $85 million cash fund and a $50 million rebate fund to provide compensation to Class Members.
The Navistar class action settlement will allow Class Members to apply for one of three relief options, for each of their affected vehicles.
Per the cash option, Class Members are able to receive up to $2,500 for each affected vehicle. How much each person can receive depends on how long they have owned or leased the vehicle. They will receive benefits of between $27 and $39 per month, depending on the model year of the affected vehicle.
Under the rebate option, Class Members can receive up to a $10,000 rebate for purchasing a new Navistar Class 8 heavy duty truck. How much they can receive in rebate is also dependent on how long they had the previous, affected vehicle.
Class Members also have a third option — they can choose to receive up to $15,000 to compensate for repairs that they had completed on their previous vehicles.
Under the Navistar class action settlement, each named plaintiff will receive a $25,000 award. Attorney fees and costs will also be included in the proposed settlement deal, and will be taken from the cash fund. Reportedly, the truck drivers’ attorneys will not request more than $40 million.
According to the truck buyers’ attorneys, the settlement deal was reached “after many years of hard-fought litigation.” The attorneys go on to say that the settlement “delivers meaningful compensation and relief to class members who were damaged by Navistar’s improper conduct.”
The proposed settlement deal has not yet received preliminary approval from the court.
The Navistar engine defect class action lawsuit was filed by both individual truckers as well as truckers and moving companies.
They claim that Navistar’s MaxxForce 11, 13, and 15 Advanced “Exhaust Gas Recirculation” diesel engines made in model years 2010 through 2013 have a defective emissions systems.
Allegedly, the way in which the engine exhaust recirculates causes the engines to heat more than most engines, which causes the engines to break down more frequently than others in the industry. This allegedly causes financial injury to drivers who purchase trucks equipped with the engines.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
The truck buyers are represented by Jonathan D. Selbin, Kenneth S. Byrd, Jason L. Lichtman, Andrew R. Kaufman and Avery S. Halfon of Lieff Cabraser Heimann & Bernstein LLP, Adam J. Levitt, John E. Tangren, Amy E. Keller and Adam Prom of DiCello Levitt Gutzler LLC, William M. Audet and Steven Weinmann of Audet & Partners LLP and Laurel G. Bellows of The Bellows Law Group PC.
The Navistar Diesel Engines Class Action Lawsuit is In re: Navistar MaxxForce Engines Marketing, Sales Practices and Products Liability Litigation, Case No. 1:14-cv-10318, in the U.S. District Court for the Northern District of Illinois.
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5 thoughts onNavistar, Truckers Reach $135M Engine Defect Settlement
We have (3) of these POS trucks. Have spent THOUSANDS $$$ in repairs. How do we go about filing a claim?
Sorry guys, I meant a Prostar. Good on you mate.
I have 2013 prostate with a maxxforce 13 bought it in 2015 am I eligible for the class action suit.
If you have a Prostar you are possibly included. But if you have a prostate as you stated..there’s just something in your ass. Might want to have that checked
You know what you do too much ???????????????