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Contracts
Breach of Warranty
Breach of Implied Covenant of Good Faith and Fair Dealing

In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liability Litigation

Published: Feb. 28, 2020 | Result Date: Jun. 12, 2019 |

Case number: USDC Illinois: 1:14-cv-10318 Settlement –  $135,000,000

Attorneys

Plaintiff

Jonathan D. Selbin
(Lieff, Cabraser, Heiman & Bernstein LLP)

Kenneth S. Byrd
(Lieff, Cabraser, Heimann & Bernstein LLP)

Jason L. Lichtman
(Lieff, Cabraser, Heimann & Bernstein LLP)

Andrew R. Kaufman
(Lieff, Cabraser, Heimann & Bernstein LLP)

Avery S. Halfon
(Lieff, Cabraser, Heimann & Bernstein LLP)

Adam J. Levitt
(DiCello Levitt)

John E. Tangren
(DiCello Levitt)

Amy E. Keller
(DiCello, Levitt & Gutzler LLC)

Adam Prom
(Dicello Levitt Gutzler LLC)

William M. Audet
(Law Office of William M. Audet)

Laurel G. Bellows
(The Bellows Law Group PC)


Defendant

Cary R. Perlman
(Latham & Watkins LLP)

Robin M. Hulshizer
(Latham & Watkins LLP)

Mark S. Mester
(Latham & Watkins LLP)

Kathleen P. Lally
(Latham & Watkins LLP)

Kevin Jakopcheck
(Latham & Watkins LLP)


Facts

Plaintiffs Dulce Alvarez, and Storey Trucking Company Inc. filed suit against defendant Navistar International Corporation in relation to defendant's alleged intentional sale and lease of vehicles with engine defects.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended they purchased or leased a 2011 to 2014 vehicle equipped with a MaxxForce 11- or 13-liter engine, certified to meet EPA 2010 emissions standards. Plaintiffs contended the vehicles defendant sold from 2011 to 2014 were not equipped with selective catalytic reduction technology, and defendant knew that such defect existed. Plaintiffs further contended vehicles leased or sold with a MaxxForce 11- or 13 liter diesel engine, were equipped with defective EGR emissions systems. Lastly, plaintiffs contended the defect caused the engines to heat up more than comparable engines and as a result led to more frequent break downs. Plaintiffs contended had they known about the defect, they would not have purchased the affected vehicles or would have paid significantly less.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiffs' contentions.

Result

The parties reached a $135,000,000 settlement. Under the terms, Plaintiffs may select one option of collecting: up to $2,500 in cash, up to $10,000 in rebates towards the purchase of a new vehicle, or up to $15,000 in proven cost reimbursement.

Other Information

JUDGE: Hon. Joan B. Gottschall.


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