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.

In November 2010, Girard Gibbs LLP filed a national class action lawsuit alleging that the plastic fuel tanks on certain Ducati motorcycles are defective because they degrade and deform due to an incompatibility with the motorcycles’ fuel. On January 12, 2012, the Court fully approved a settlement that provides an extended warranty and repairs for fuel tank expansion issues, including cosmetic imperfections.

Girard Gibbs LLP filed a class action lawsuit against Ford in April 2011, alleging that 2005-2007 Ford Freestyle vehicles can unexpectedly surge. The suit alleges that though Ford was aware of the danger, the company did not tell its customers.

The lawsuit is pending in the United States District Court for the Southern District of California before Judge Michael M. Anello. The suit proposes a class of "all persons in California who own or lease a 2005-2007 Ford Freestyle, and all persons in California who previously owned or leased a 2005-2007 Ford Freestyle and paid for repairs to the vehicle's Electronic Throttle Control."

Girard Gibbs' false advertising lawyers filed a class action lawsuit on behalf of U.S. Hyundai and Kia owners and lessees, contending that Hyundai continued to advertise false horsepower ratings in the United States even after the Korean Ministry's findings. The class action complaint alleged that Hyundai and Kia were able to sell more vehicles and charge more per vehicle because of the deceptive advertising.

Girard Gibbs negotiated a class action settlement which provided Hyundai and Kia owners nationwide with cash payments and dealer credits. The value of the settlement was estimated between $75 million and $125 million. Under the court approved settlement, Hyundai provided up to $225 in cash and up to $325 in dealer credits to owners of the affected vehicles.

Owners of 2004-2006 Hyundai Elantras from across the country reported experiencing problems with their front airbags. Owners reported that the passenger airbags would sometimes fail to activate, leaving the passenger vulnerable to injury in the event of an accident.

Girard Gibbs filed a class action lawsuit on behalf of 2004-2006 Hyundai Elantra owners and lessees in federal court in Los Angeles, California. The class action lawsuit alleged that Hyundai failed to warn owners of a known safety defect with the vehicles' airbag system. The lawsuit contended that Hyundai's failure to warn or repair these vehicles violated consumer protection and warranty laws.

Girard Gibbs LLP and co-counsel filed a class action complaint against Honda on behalf of plaintiffs and other owners and lessees of certain 2008-2010 Honda Accord and 2009-2010 Acura TSX vehicles. The complaint alleged that a defect caused the vehicles’ rear brake pads to wear prematurely and that Honda did not tell its customers about the defect or cover the repairs under warranty. Honda has denied the allegations.

Girard Gibbs LLP filed a class action complaint in federal court in 2006 involving the 2003 Hyundai Tiburon. The complaint alleged that though Hyundai knew the vehicles’ flywheel and clutch parts failed prematurely, it sold the vehicles without telling customers and later refused to cover repairs under warranty.

On June 28, 2010, Judge Alicemarie H. Stotler approved a nationwide settlement that provided cash reimbursements to eligible Class Members. More information about the settlement can be found in the Notice of Class Action Settlement and below.

On October 23, 2008, the California Superior Court granted final approval to the class action settlement reached with General Motors in the GM/Dex-Cool class action lawsuit. This settlement affects people who purchased or leased a "covered vehicle" anywhere in the United States other than Missouri. A separate settlement has been reached for those who purchased or leased their vehicle in Missouri, which will offer the same benefits.

The lawsuits were filed on behalf of owners of General Motors vehicles, which were factory-filled with "Dex-Cool" coolant. In summary, the lawsuits alleged that Dex-Cool degraded certain vehicles’ intake manifold gaskets and other engine sealability components, and that in certain other vehicles, Dex-Cool formed a rusty sludge, clogging the vehicles’ cooling systems and causing vehicles to overheat.

The settlement, which covers dozens of GM vehicle platforms spanning ten model years, provides $50 to $800 in cash reimbursement for class members who paid for a covered repair by May 30, 2008, and submitted a claim form by October 27, 2008.

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.

A nationwide class action is pending in New Jersey federal court on behalf of Mercedes-Benz owners and lessees relating to the Tele Aid systems installed in their vehicles. The Plaintiffs allege that Mercedes-Benz failed to inform its customers that the analog only Tele Aid systems in their vehicles would become obsolete in 2008 unless they paid hundreds of dollars for a digital upgrade. Plaintiffs allege that Mercedes-Benz knew as early as 2002 that the FCC would no longer require cellular providers to support analog cellular phone services but did not begin informing its customers that this would adversely impact their analog Tele Aid systems until late 2006.

Girard Gibbs and co-counsel filed class action lawsuits across the country, representing nearly 400,000 class members nationwide against Mitsubishi Motors North America Inc. and DaimlerChrysler Corp. The class action lawsuits alleged that Mitsubishi and Chrysler failed to tell their customers about the wheel rim problems, which posed a potential safety risk to consumers, even after learning of the problem. The class action lawsuits alleged violations of various California, Missouri, and Kansas consumer protection laws..

Girard Gibbs' car & auto lawyers and lawyers from other firms filed lawsuits alleging that Toyota failed to tell its customers about a problem with the HID headlights on 2006-2009 Toyota Prius vehicles. According to the lawsuits, the headlights prematurely fail by flickering or turning off intermittently, often requiring costly repairs. Although Toyota has denied these claims, Girard Gibbs LLP is pleased to announce that the parties reached a proposed settlement that has been granted final court approval. Reimbursement checks are expected to begin going out by mail by December 2011. When a more precise date is known, it will be posted here.

Among other things, the settlement provides:

• A free warranty extension for HID headlight bulb and electronic control units (through the earlier of 5 years and 50,000 miles); and
• Cash reimbursements to many class members who paid for headlight repairs.

Details about the settlement can be found in the TOYOTA CLASS ACTION NOTICE.

Girard Gibbs filed a class action lawsuit against Volkswagen of America on behalf of owners and lessees of 2001-2003 Volkswagen Passat, Jetta, New Beetle, GTI and Golf vehicles, as well as Audi A4, TT and A6 vehicles. The class action suit alleged that the vehicles' ignition coils were defective and presented a potential safety concern to drivers of affected vehicles. The class action contended that Volkswagen violated consumer protection laws by concealing a known problem about its ignition coils.

In the court approved the class action settlement negotiated by Girard Gibbs, Volkswagen provided cash reimbursements to its customers who spent money repairing defective ignition coils. As part of the settlement, Volkswagen also notified customers that they could get free replacements of the ignition coils in their vehicles.