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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
I bought my ML 500 new from the dealership in August 2015. I have been the only owner and and have faithfully taken it to my local MB dealership for service and repair. It has never been in an accident. My car has been driven 95000 miles. I have put over $17,000 in repairs into my car since it ran out of warranty years ago. Last year the car would not turn off and literally caught in fire as it sat in my driveway. Yesterday I took my car to the dealer for an oil change and today the dealer called and said that my car needed $6800.00 in repairs. Everything has failed…the transmission; brakes; power steering; the oil is leaking; etc. I am a retired school teacher and do not have the money to keep repairing this car. I am a careful driver and have never abused my car, but my Mercedes has been a lemon since the day I bought it new. Please add me to the lawsuit.
I have a 2006 R 350 that is taking every penny i have on repairs
I have the same problem with my 2006 Mercedes E350. The repair is too expensive now and I cannot afford with that much money to fix this issue. Please give me advice how to resolve this problem.
I have the same problem with my 2006 Mercedes E350. The repair is too expensive now and I cnnot afford with that much money eo fix this issue. Please give me advice how to resolve this problem.
I would like to join this as well. I have a 2009 Mercedes ML 350 with 60000 miles is pulling the same codes p0016 and p0017 . Please sign me up! I have way too many problems with this car!
I have begun to experience the check engine light and trouble code P0016 on my 2006 ML350. 98,000 miles. Please add me to list also.
I have an e350 2006 same issue mine cost 8000 dollars and after it was fixed 1 year later hardly driven engine shakes and check engine light comes on.
I bought a second hand 2007 ML350 at the end on January 2016. Within the first two days the engine light came on. My husband took it to a MB Dealer here in South Africa. They did a diagnostic test on it and told him it happens sometimes but if the engine light stays on, he should bring it back. Last weekend my battery went and I replaced it on Monday – R6 575.00 further. That same afternoon the engine light came on again. Took it to the MB Dealer in my area and they did a diagnostic test. To my dismay I was told there is a problem with the Camshaft chain and it will cost me about R30 000 to have it fixed. I have the same codes – P0017 and P0016. My warranty covers mechanical breakdown but not wear and tear. If this is a case of Defective Design or Workmanship (it seems to be the case) then I wonder if my warranty will cover it. VIN: WDC1641862A181333. KILOMETRES: 147 396
I have a 2006 ML350 SUV. I purchase the vehicle in 2015. I took the vehicle to tne benz dealer in ga and paid for a diagnostic test. I had this misfire problem at that time. Should the benz dealer have told me at that time about the class action lawsuit. How would I have been notified. I never received any information about a class action lawsuit.
Have a 2006 ML350 same codes p0016 and p0017 truck runs bad add me in on this lawsuit
I’m having the same problem as I Speak ml350 2006 is shaking it has 112159k miles I don’t know what to do add me in on this lawsuit