McKown v. American Honda Motor Company Inc.

Consumer Class Action

Central District

U.S. District Court Judge Manuel L. Real

Defense Lawyers: Michael L. Mallow, Mark D. Campbell, Darlene M. Cho, Michael B. Shortnacy, Sidley Austin LLP

Plaintiff's Lawyers: Jennifer Liakos, Andrew J. Dressel, Paul B. Maslo, Napoli Shkolnik PLLC

A class action against American Honda Motor Company Inc. didn't get very far because defense attorneys persuaded a federal judge that the allegations about allegedly faulty components were overbroad.

The suit claimed Honda used soy-wire insulation in its cars that attracted gnawing rodents that left the vehicles inoperable.

U.S. District Judge Manuel Real dismissed the case in July.

Sidley Austin LLP's Michael Mallow, one of the carmaker's attorneys in the case, said the plaintiffs weren't specific enough.

"Here, plaintiffs did allege factual underpinnings for their claims based on the damages they suffered, but their attempt to expand their claims to all components and parts coated or made with soy renders those allegations conclusory and fails to give defendant fair notice of the grounds upon which their claims rest," the judge wrote.

Mallow added that rodents munching on car parts under the hood is not a new phenomenon.

"Rodents have sought out to get into engine compartments as a matter of safety because they provide shelter and potential warmth," he said.

Mallow said he doesn't think the victory will deter similar cases from being filed, but that judges are starting to more often kick their tires, pun intended, when it comes to pleading allegations.

"I think [plaintiffs] are going to have to try to provide better notice to defendants as to what defects are at issue, what parts are being impacted," he said.

-- Arin Mikailian