GM Can’t Shake Faulty Air Conditioning Class Action Lawsuit, Judge Rules

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GM Air Conditioning Class Action Lawsuit Summary:

• Who: A federal judge refused to dismiss claims by a group of vehicle owners who are suing General Motors (GM).
• What: The GM vehicle owners claim the company sold cars with defective air conditioning units.
• Where: The class action lawsuit seeks to represent consumers nationwide.

General Motors (GM) can’t dodge class action claims that it manufactures vehicles with air conditioning systems that are defective, a judge has ruled.

In an order issued Oct. 26 in a Michigan federal court, US District Judge Matthew F. Leitman denied GM’s motion to dismiss claims against it in the air conditioning class action lawsuit.

The lawsuit goes back to 2018, when a group of GM owners filed class action proceedings alleging some of its vehicles have issues with the air conditioning units that cause them to crack, resulting in refrigerant leaks and pressure loss. 

The alleged issues cause the air conditioning to stop cooling the cars, the plaintiffs say. 

The affected vehicles include model year 2015-2017 Cadillac Escalades, 2014-2016 Chevrolet Silverado, 2015-2017 Chevrolet Suburban, 2015-2017 Chevrolet Tahoe, 2014-2016 GMC Sierra and 2015-2017 GMC Yukon Vehicles, Law360 reports. 

The plaintiffs are suing under the federal Magnuson–Moss Warranty Act and for breach of express warranty and several state-law claims. On Dec. 16, 2020, GM moved to dismiss plaintiffs’ express warranty claims and to strike plaintiffs’ nationwide class allegations, Judge Leitman says in his order.

GM’s Dismissal Bid Stalls in AC Class Action Lawsuit

The court held a video hearing on the motion on May 18, with Judge Leitman ruling to deny GM’s bid this week. 

He said GM had tried to argue the plaintiffs’ express warranty claims are not viable because the alleged air conditioning design defect is not covered by warranty.”

“The Court disagrees,” Judge Leitman wrote. “The Court concludes that GM’s reading of the warranty is not the only plausible one. Indeed, it would not necessarily be unreasonable to conclude that the warranty could apply to design defects.”

GM also argued that the court should strike all of plaintiffs’ nationwide Class allegations, arguing that the claims would be governed by the different laws of fifty states and inappropriate for a class action lawsuit.

However, Judge Leitman decided that striking plaintiffs’ class allegations was “not the appropriate remedy at this stage of the proceedings.”

In very similar class action claims filed in 2018, General Motors was accused of concealing the existence and nature of an air conditioning system defect that affected some of their pickup trucks and full-size SUVs. 

GM has also been accused of selling vehicles with defective airbags and seatbelts in a series of class action lawsuits lodged this year. 

To see if you qualify to join a vehicle safety defect class action lawsuit investigation click here (links to paid attorney advertisement). 

The plaintiffs are represented by The Miller Law Firm, Cafferty, Clobes Meriwether & Sprengel LLP, Lieff Cabraser Heimann & Bernstein LLP and Sauder Schelkopf LLC.

The GM Air Conditioning Class Action Lawsuit is In Re: General Motors Corp Air Conditioning Marketing and Sales Practice Litigation, Case No. 18-md-02818, in the U.S. District Court for the Eastern District of Michigan.

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