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A Jaguar class action lawsuit will continue on breach of warranty claims after all other allegations were dismissed by a federal judge.
U.S. District Judge Stanley R. Chesler let the plaintiffs’ claim for breach of express warranty continue, finding that their Jaguar class action lawsuit alleged sufficient factual assertions to make such a claim plausible. Plaintiff Victorya Manakin’s claim for breach of implied warranty will also be allowed to go forward.
The judge dismissed the rest of plaintiffs’ claims in the Jaguar class action lawsuit, including claims of common law fraud, unjust enrichment, breach of the imlplied covenant of good faith and fair dealing, and violation of the New Jersey Consumer Fraud Act.
Judge Chesler also dismissed plaintiff Amy Block’s claim for breach of implied warranty, finding that the statute of limitations had run out on that claim. The doctrine of equitable tolling did not apply to stop the limitations period from running, the judge said.
The dismissed claims have been dismissed without prejudice, allowing the plaintiffs a chance to reassert them without the purported defects.
Block and Manakin are the named plaintiffs in this Jaguar-Land Rover class action lawsuit that was filed in 2015. They allege several recent model years’ of Land Rover LR2s were built with a defective control module that shuts off improperly when the engine is turned off. The module draws power from the battery, draining it until it can no longer start the engine, the plaintiffs say.
Block says that after trying a replacement battery, and notifying Land Rover several times, the company failed to remedy the defect.
In his opinion and order, Judge Chesler commented that the first and second counts of the class action lawsuit – alleging violations of the New Jersey Consumer Fraud Act and common law fraud, respectively – contained only “abstract and general statements, alleging conscious misrepresentation.” He said that though the rest of the Jaguar lawsuit makes allegations of manufacturing defects, it similarly lacks specific details about any misrepresentation.
For similar reasons, Judge Chesler also dismissed the plaintiffs’ claim for breach of the implied covenant of good faith and fair dealing. He found the plaintiffs’ allegations did not make it plausible that Jaguar acted “with the objective of preventing Plaintiffs from receiving their reasonably expected fruits under the contract,” nor did they support the idea that Jaguar had “unilaterally destroyed Plaintiffs’ expectations under the contract without legitimate purpose.”
As for the plaintiffs’ third count, of unjust enrichment, Judge Chesler determined that the plaintiffs failed to plead the required direct relationship between the plaintiff and defendant.
Block and Manakin are proposing to lead a Class consisting of everyone in the U.S. who owned a 2008 to 2015 Land Rover LR2 or any other Land Rover model that contains the alleged electrical defect.
Plaintiffs’ counsel are Bruce H. Nagel and Greg M. John of Nagel Rice LLP.
The Jaguar Battery Defect Class Action Lawsuit is Block, et al. v. Jaguar Land Rover North America LLC, Case No. 2:15-cv-05957, in the U.S. District Court for the District of New Jersey.
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17 thoughts onJaguar Class Action Continues After Several Claims Dismissed
I also have issue with my 04 RR Hse
Same problem on my 2011 and 2008 lr2
Just returned back from a 4 day trip with vehicle sitting at airport, and notified others prior to trip that my 2010 LR2, with fairly new battery, will be dead after sitting at airport. Sure enough, LR2 would not start and I had to call the Parkade maintenance folks to bring a booster. UNACCEPTABLE! But I called it.
I want a fix, I will even fix it myself if the manufacturers will admit that there is an issue! Very easy to reproduce.
I have a 2008 RR Sport and recently purchased a new battery and was just told the battery was no good by another dealership. I paid more for the initial battery and the replacement battery is cheaper and more powerful…? I also notice my lighting when driving goes in and out, reported it to the dealership…stated it was nothing. The more I read the more I see I need to remain updated on this class action.
3 batteries in 5 years for a 2010 LR2 owned since new. Vehicle has been well maintained & serviced. Land rover dealership are baffled & just keep changing the battery which is not the underlying problem. Something randomely drains the battery & no one can seem to pinpoint why. It makes no difference what the weather or temperature is! Ive left it for 7 days & it starts then 2 days later flat – no power.
VERY FRUSTRATING! & DANGEROUS!
How do I join the class action suit? I bought a 2009 lr2 hse in January and I have replaced the battery already. I still have the same issue of the battery being completely dead if I don’t drive every day
:(
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Having the same problem with my 2009 LR2. The battery has died at least 4 times now – every time I leave it sitting for more than a few days.
Is there a way to join this class action law suit? I’m from Canada so not sure if my vehicle will be covered. It is sitting dead on my driveway right now. Radio is off, sunroof is jammed, can’t even use my key fob to open the door!!! This is madness.
I have a 2009 Land Rover LR2 with battery drain issues. Its suppose to be a Cold Climate edition with a better battery but during the winter in Syracuse NY this past year, I needed a Ford to come and jump my LR2. Additionally, went camping in Delaware in June, needed AAA to come and jump me again. This is crazy, wasting time and money, needs to be fixed.
I have a 2013 LR2 and I always have to jump start it when I don’t drive it for a while . The problem start immediately after the first day that I purchased my car . I call the dealer in my area and they keep telling me nothing is wrong with the car. I told them Then why do I have to jump start with jumper cables if nothing is wrong . And they claim to have tested it but they keep telling me nothing is wrong. I have to drive with jumper cable even though I have roadside coverage it’s easier to get my cables out then wait hours for roadside to get to me. The car rattles at high speed and the Tampa dealer sold it to me without disclosing the true miles. Totally Bad experience.
Hello: I have a 1998 Land Rover Range Rover that I inherited from my brother in 2006. I had that problem to the point where I put 3 brand new batteries in it (over a 6 month period) and I continued to have problems with the battery being drained to the point that it was dead and the truck would not start. That was back in 2013 until I finally got tired of the situation and stopped driving it, parked it in my garage and purchased a new car! I would like to know if this claim would extend back to models earlier than 2008.Thanks
I’m having the same problem with my 2004 Range Rover