This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Breach of Express and Implied Warranty

Emily Pinon, on behalf of herself and all others similarly situated v. Daimler AG, Mercedes Benz USA LLC

Published: Jul. 2, 2021 | Result Date: Jun. 16, 2021 | Filing Date: Aug. 21, 2018 |

Case number: 1:18-cv-03984-MHC; COURT: USDC Georgia Settlement –  Restitution

Judge

Mark H. Cohen


Attorneys

Plaintiff

Taylor C. Bartlett
(Heninger, Garrison & Davis LLC)

W. Lewis Garrison Jr.
(Heninger, Garrison & Davis LLC)

Travis E. Lynch
(Heninger, Garrison & Davis LLC)

James F. McDonough III
(Heninger, Garrison & Davis LLC)

Jonathan R. Miller
(Heninger, Garrison & Davis LLC)


Defendant

Scott J. Carr
(Squire Patton Boggs LLP)

Eric J. Knapp
(Squire Patton Boggs LLP)

Troy M. Yoshino
(Squire Patton Boggs LLP)

Dara D. Mann
(Squire Patton Boggs LLP)

Stephen B. Devereaux

Madison H. Kitchens
(King & Spalding LLP)

Adam Reinke
(King & Spalding LLP)


Facts

Various vehicles from Mercedes Benz's 2004 through 2017 model lines were equipped with the color "Mars Red." Emily Pinon brought a class action against Daimler AG and Mercedes Benz USA LLC alleging the class vehicles that were painted in "Mars Red" had serious defects that causes the exterior surface of the vehicles to microblister, peel, and bubble.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended defendants breached their expressed and implied warranties by continuing to sell the defective vehicles and refusing to remedy the issues. Plaintiffs contended defendants knew or should have known the issues with the "Mars Red" paint prior to the sale of the class vehicles but continued to manufacture, market, and sell the class vehicles with defective paint. Plaintiffs contended defendants willfully concealed the defect and knew of the defect based on manufacturer communications with the National Highway Traffic Safety Administration.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions, including any and all charges of wrongdoing or liability, or allegations of defect.

Result

The parties settled the case. Under the terms of the agreement, class members are entitled to two benefits: (1) reimbursement for certain qualified past repairs and (2) coverage for qualified future repairs related to the Mars Red paint or clear coat peeling, flaking, or bubbling. The settlement will not take effect until final approval has been granted by the court and any appeals have resolved in favor of the settlement. The settlement does not admit liability or wrongdoing on the part of Defendants.


#137374

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390