Facts

Jason Schmidt, Frank Kurian, Lee Pullen, Victor Rose, Keesha Rose, Nicholas Schmidt and Stephen Gooder filed a class action against Ford Motor Co. alleging breach of express warranty, breach of implied warranty, common law fraud and violations of stat consumer protection statutes as well as negligent misrepresentation and/or unjust enrichment.

Ford moved to dismiss the complaint.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant manufactured a class of vehicles equipped with 5.4 L V8 engines between 2004 and 2008 that contained latent defects. The defects caused acceleration issues, loss of revolutions, stalling, loss of power, and sudden and intermittent deceleration.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiffs failed to plead notice for the breach-of-warranty claims. Defendant also contended that plaintiffs failed to plead their fraud and misrepresentation claims with requisite particularity. Further, that plaintiffs failed to allege that a benefit was conferred to support their claims for unjust enrichment.

Damages

Plaintiffs sought monetary damages and injunctive relief.

Result

The Court granted Ford's motion and dismissed Counts I and III of the First Amended Complaint as to all plaintiffs except Schmidt, and dismissed Counts II, IV through XIII, and XV in their entirety. The only remaining claims are Schmidt's claims of express and implied breach of warranty, Groder's unjust enrichment claim under Illinois law, Pullen's quasi-contract claim under California law, and the nationwide injunction claim.