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Cases & Results
Secret Warranty Lawsuits
Holding Auto Companies Responsible for Secret Warranties

A number of states prohibit secret warranty programs, requiring that all consumers be notified of any warranty adjustment programs that affects their vehicles. Auto companies, however, have sometimes violated the law by failing to comply with these requirements.

Girard Gibbs LLP has litigated a number of secret warranty lawsuits and has obtained compensation and warranty repairs the consumers were entitled to under the law. If you have a question about one of the cases below or would like to discuss a potential case with one of our auto lawyers, please complete the form to the right or call us toll-free at (866) 981-4800.

Why Girard Gibbs?

Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.

Related Cases
Summary

Girard Gibbs and co-counsel filed a national class action lawsuit against BMW in federal court in Los Angeles, California. The class action lawsuit alleged that 1999-2006 BMW 3 series vehicles suffer from defective sub-frames and that BMW was aware of the alleged defect, but failed to notify consumers or pay for sub-frame repairs under warranty. The lawsuit additionally alleged consumer fraud, deceptive advertising, and that BMW had implemented a secret warranty program.

Girard Gibbs and co-counsel negotiated a settlement with BMW in the class action lawsuit, which was approved by the court in 2009. Under the settlement, class members nationwide received full reimbursement for prior sub-frame repair costs as well as free inspections and, if needed, repairs to their sub-frames.

Alleged Legal Violation(s)
Summary

On June 1, 2009, General Motors filed a Chapter 11 Voluntary Petition in the United States Bankruptcy Court for the Southern District of New York. Since that time, all matters relating to the GM bankruptcy filing, including the wrap-up of the Dex-Cool class action settlement, have proceeded before the bankruptcy court in New York. If you filed a timely claim in the Piston-Slap litigation your claim may be affected by the Chapter 11 filing.

On September 16, 2009, the Bar Date Order was entered establishing November 30, 2009 at 5:00 p.m. (Eastern Time) as the deadline to file proofs of claim (including claims under section 503(B)(9) of the Bankruptcy Code). Creditors will be notified and provided with a proof of claim form. Additional information about how to file a proof of claim can be found in the “Bar Date Materials” link at the GM bankruptcy web site at www.motorsliquidationdocket.com. If you filed a timely and valid claim with the Piston Slap Claims Administrator, Class Counsel continues to represent your Piston-Slap claim and is in communication with GM’s bankruptcy counsel in order to submit a Class Proof of Claim to the Bankruptcy Court in an effort to resolve your Piston-Slap claim. Class Counsel has negotiated the resolution of the outstanding Piston-Slap class claims with the bankruptcy counsel for GM, and the bankruptcy court has approved the settlement between the remaining Piston-Slap class claims and the GM liquidating estate. The GM Bankruptcy Trustee anticipates that the next distribution of GM stock and warrants to allowed unsecured claims will be in late October or early November. Based on that schedule, Class Counsel anticipates that it will make a distribution of the bankruptcy settlement proceeds by the end of 2011, or as the Court permits. Because the claims will be paid out of bankruptcy, they will be paid at a reduced amount, expected to be approximately 30% of the value of the claim.

Please monitor the General Motors Corporation Court Documents and Claims Register website at www.motorsliquidationdocket.com for additional information and court filings as the bankruptcy proceeds. Class Counsel will also update this website as more information becomes available.

Alleged Legal Violation(s)
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