Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Mercedes-Benz Can’t Dodge Defective Engine Class Action Lawsuit
By Dominic Rivera
United States District Court Judge Thelton E. Henderson has refused Mercedes-Benz’s motion to dismiss a class action lawsuit alleging that the company sold defective M272 and M273 engines that required costly fixes. The judge did, however, trim some claims.
Plaintiffs Majeed Seifi and Tracey Deakin sued Mercedes-Benz last year, alleging that its V-6 M272 engines installed in many models, including the C230, contain defective gears in their balance shafts that wear out prematurely, excessively and without warning. In the same manner, the class action lawsuit states that the V-8 M273 engines, installed in models including the E500, have defective idle gears that have similar issues.
Seifi is the owner of a 2006 Mercedes ML350 SUV with M272 engine. At 70,000 miles, his SUV’s check engine light went on. The dealership informed him that the vehicle had a defective balance shaft gear that required replacement that would cost him $6,000. He was also informed that his vehicle was not covered by warranty, forcing him to pay for repair, according to the class action lawsuit.
Meanwhile, Deakin’s ML350 SUV had misfiring issues without warning. The dealership told Deakin that it was a defective balance shaft gear. Because it was out of warranty, Deakin had to shoulder almost $7,000 for repair, the class action lawsuit says.
Plaintiffs said that Mercedes-Benz knew about the defects in the balance shaft gears in M272 engines and the idle gears in M273 and concealed the information. They further alleged that Mercedes Benz made misrepresentations about the reliability of its vehicles with M272 and M273 engines.
In seeking to dismiss the class action lawsuit, Mercedes-Benz argued that the plaintiffs had only purchased cars with one of the two engine models named in the lawsuit. Citing the Consumers Legal Remedies Act (CLRA), which the plaintiffs claimed to have been violated by Mercedes-Benz, the defendant said that one cannot demand damages on products that plaintiffs did not buy because they do not have standing to do so. Both Seifi and Deakin have M272 engines.
In his October 10 order, the Judge said that Mercedes-Benz’s motion to dismiss the claims for express warranty and CLRA money damages for vehicles containing the M273 engine is granted. The motion to dismiss the CLRA money damages claim is denied. Meanwhile, the motion to strike the class action lawsuit in its entirety is also denied.
The order calls for any amended complaint by the Plaintiffs to be filed no later than November 8, 2013. Failure to submit an amended complaint would mean dismissing the express warranty claim and CLRA money damages claim to vehicles with M237 engine, the judge ordered.
The plaintiffs are represented by Roy A. Katriel of the Katriel Law Firm and Gary S. Graifman of Kantrowitz Goldhamer & Graifman PC.
The Mercedes-Benz Engine Defect Class Action Lawsuit is Majeed Seifi, et al. v. Mercedes Benz USA LLC, Case No. 3:12-cv-05493, in the U.S. District Court for the Northern District of California.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
235 thoughts onMercedes-Benz Can’t Dodge Defective Engine Class Action Lawsuit
The balance shaft gear just went on my 2006 E350. How to I join the class action suit?
Im in California and I need to find out how to get in on this lawsuit?
I also have received an estimated on my 2006 SLK350 for approx. $7,000. The Field Manager at MB also rejected helping financially to repair this defective Balance Shaft. It is disgusting!,,
I am in Canada and would love to be re-directed or join this suit!
Same problem here. ML 350 Certified Used with 70k miles on it (40 of which we have put on), check engine light, needs the balance shaft/cams replaced for thousands of dollars. The service manager escalated the issue to the field team at MB and they won’t do a thing about it. He was shocked that they are basically giving us the finger. We bought a Mercedes b/c of reliability and this is what we get? A catastrophic failure in the engine that we as the owner can not do anything about and MB is not going to stand up and do the right thing? Pathetic and totally unacceptable.
HOW DO I JOIN THE CLASS ACTION SUIT, OR IS THERE ONE IN COLORADO?
My 2007 R350 is doing the same
Have a E-500 have same problem with my engine light on. Can I join in to
I can’t understand how Mercedes Benz has avoided taking responsibility for this obvious manufacture defect! I’m in this situation right now with a 2006 C280 4matic. I have the 0016 and 0017 check engine codes together so it’s only a matter of time before complete failure. I can’t believe Mercedes Benz will not own up to this I bet it would be far cheaper to do the right thing and retain a good reputation than to stick it to there customers and lose more business than they can imagine. word of mouth is very powerful and I intend to tell everyone possible! Going about business the way they have will most definitely do long lasting damage to the reputation of Mercedes Benz.
I just received a quote for $6000+ to repair this exact issue on a 2006 C280.
My name is Mark Brown and I’m having the same issue…But will Mercedes own up to this mass problem?
Had a 2006 ML 350 with error code P0016 and P0017, same engine problem as discussed above. Can I join the lawsuit somehow because sold the car due to the problem with a huge loss!
I have a c320 please include me In this. I’ve had this issue plus others. The dealers always say no recalls.
I had a 2005 C230 and had to replace the engine around 80000 miles. This CAR was a total lemon! I also had to replace the compressor 3 times! I just got rid of it about a month ago. I hope Mercedes is held accountable because it is totally unreasonable to have to replace an engine this early on with what should be a high end vehicle
wow me too