Nissan named in class action lawsuit over defective transmissions

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This action arises from the sale or lease of more than one hundred thousand vehicles throughout the United States manufactured by Defendant Nissan that are equipped with defective transmissions. These defective transmissions were installed in all model year 2013 – 2014 Nissan Pathfinders sold or leased to consumers, including Plaintiff.

The defective transmission supplied in all of the affected vehicles is a continuously variable transmission (“CVT”) known as the “JATCO CVT8HT.” This CVT is defective in design, and as a result is prone to causing sudden, unexpected shaking and violent jerking (commonly referred to as “juddering” or “shuddering”) when a driver attempts to accelerate an affected vehicle. This pronounced juddering or shaking of the transmission prevents an affected vehicle from accelerating as intended by the driver, despite his or her input with the accelerator pedal. The combination of an affected vehicle’s transmission judder and its failure to accelerate according to driver input is associated with a “CVT belt slip condition” (the “defect”). This transmission defect creates an unreasonably dangerous situation and increases the risk of a crash; it is inevitable that an individual will be injured or killed due to a collision caused by this safety defect.

According to the complaint Nissan sold, leased, and continues to sell and lease the affected vehicle despite its awareness of the defect and the danger it poses to consumers and other drivers.

The class consists of All consumer residents in the United States who own, owned, lease, or leased a 2013 or 2014 Nissan Pathfinder.

Complaint: Nissan 12-18-14

 

Class Action Investigation: Ford investigated for faulty transmission in Focus and Fiesta vehicles

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Attorneys have opened an investigation of Ford Motor Company relating to a potential defect in the transmissions of Ford Focus and Fiesta vehicles.

Numerous Ford consumers have complained about defective transmissions on Focus and Fiesta models.  The defect results in shaking or grinding noises; vehicles hesitating and vibrating; transmission noises and the transmission not shifting properly, all of which affect the ability to drive the vehicles and raise safety concerns.

Hundreds of complaints about the Ford transmissions have been filed with the National Highway Traffic Safety Administration.

If you own a Ford Focus or Fiesta and are having problems with your transmission, we want to hear about your experience.  Below, please share your story with the public and/or contact a lawyer privately to inquire about your legal rights.

General Motors recalls 2013 Cadillac SRX over lag in acceleration

General Motors is recalling certain model year 2013 Cadillac SRX vehicles manufactured May 29, 2012, through June 26, 2013, and equipped with 3.6L engines. In the affected vehicles, in certain driving situations, there may be a three to four second lag in acceleration due to the transmission control module (TCM) programming.

A three to four second lag in acceleration may increase the risk of crash.

Approximately 50,571 vehicles are affected by the recall.

GM will notify owners, and dealers will reprogram the transmission control module, free of charge.

Chrysler Group recalls 2012-2013 Jeep Wrangler vehicles over hole in the transmission oil cooler line

Chrysler is recalling certain model year 2012-2013 Jeep Wrangler vehicles equipped with a 3.6L engine and an automatic transmission and manufactured January 23, 2011, through February 23, 2013. The power steering line may contact and wear a hole in the transmission oil cooler line resulting in a loss of transmission fluid.

A loss of transmission fluid may result in a loss of transmission function which may increase the risk of a crash.

Chrysler will notify owners, and dealers will replace the power steering return tube assembly, free of charge. The recall is expected to begin July 2013.

Volkswagen named in class action over alleged defect in automatic transmission of 2003-2007 Beetles

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Plaintiffs bring this action on behalf of themselves and all other similarly situated owners and lessees within the United States of model year 2003-2007 Volkswagen New Beetle automobiles equipped with a Tiptronic automatic transmission to seek monetary, declaratory, and equitable relief for their claims arising out of a defect in the design and/or manufacture of the automatic transmission of the subject vehicles. The defect causes the transmission to malfunction and require replacement, thereby forcing vehicle owners to sustain monetary damages, and leaving them with a malfunctioning vehicle. Defendant Volkswagen Group of America (“Volkswagen” or “Defendant”) has been aware of the defect, but at first chose to ignore it, and shirked all responsibility.

According to the complaint, when the clamor of affected vehicle owners grew, Volkswagen eventually agreed to extend the warranty but only for the valve body of the transmission for the subject vehicles. This warranty extension, however, is of little use because it does not cover any damage to the vehicle’s transmission which, as a direct result of the defective transmission valve body, fails and needs replacement at a cost of several thousands of dollars. In effect, Volkswagen’s offer to extend the warranty but to limit that extended coverage only to the transmission’s valve body while washing its hands of any liability for the resultant damage to the transmission itself, is tantamount to relying on the proverbial “finger in the dike” approach to dealing (or refusing to deal) with the defects prevalent in VW’s transmission.

Ford named in class action over defects in the continuously variable transmissions of the Freestyle and Mercury Montego

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The class action lawsuit was brought on behalf all persons in the United States who purchased or leased, not for resale, any 2005 through 2007 Ford Freestyle or 2005 through 2001 Mercury Montego vehicles equipped with a continuously variable transmission (“CVT” or “CVT Transmission manufactured, distributed, and sold by Ford Motor Company (Defendant”)

As alleged in the complaint, beginning in 2005 Defendant knew or should have known that the Class Vehicles and their CVT Transmission contain one or more design and manufacturing defects that causes them to prematurely breakdown and suffer mechanical failure (”the CVT Defect” or “CVT Transmission Defect”).

A continuously variable transmission is a type of automatic transmission that allegedly provides more useable power, better fuel economy and a smoother driving experience than a traditional automatic transmission. Unlike traditional transmissions, a continuously variable transmission uses a system of pulleys with metal belt or chain running between them which enables the engine to run at its most efficient revolutions per minute (RPM) for a range of vehicle speeds.

When premature breakdown and mechanical failure occurs, the affected Class Vehicles are no longer safe to operate and require repairs costing thousands of dollars.  Furthermore, due to the nature of the CVT Transmission Defect, consumers have frequently experienced and will continue to experience unexpected and premature CVT Transmission failure while driving. CVT Transmission failure while driving results in unsafe conditions, including but not limited to loss of forward propulsion, significant delays in acceleration, loud noises coming from the CVT Transmission, Class Vehicles operating in emergency running mode, drivers receiving error messages, stalling, and the inability to use the reverse gear.

These conditions present safety hazard due to the sudden and unexpected transmission failure that Class Vehicles can experience while in operation. The Class Vehicles and their CVT Transmissions can fail, suddenly and unexpectedly, at any time and 4 under any driving condition or speed. Further, sudden loss of forward propulsion and delayed acceleration can have serious effects on handling, stability, acceleration, and maintenance of speed. These conditions and risks can thereby contribute to traffic accidents which can result in personal injury or death.

As alleged, since 2005, Ford has known that the CVT Transmissions were defectively designed, assembled, and manufactured. Rather than alerting Class Members of this safety hazard and offering to repair the Class Vehicles, Ford has concealed this problem from its customers at the time of purchase or lease and thereafter.

Because Ford will not notify Class Members that the CVT Transmission is defective, Plaintiff and Class Members (as well as members of the general public) are subjected to dangerous driving conditions that often occur without warning. As a result of the CVT Transmission Defect, Ford, through its dealers, has also profited by selling replacement parts to Class Members.

As a result of the CVT Transmission Defect contained in the Vehicles, Plaintiff and the Class Members have been harmed and have suffered actual damages in that the Class Vehicles and their CVT Transmissions have failed or are substantially certain to fail during their expected useful life.

See the Complaint here: Ford CVT