Automotive Product Liability and Class Action Defense

12-0 Defense Verdict for Kia in $103M+ Product Liability Case in Orange County
In 2021, we defended Kia America in a product liability case in California where after a two-month trial, the jury deliberated for just over 60 minutes before returning a 12-0 defense verdict for Kia. Plaintiff sought more than $103 million in damages. The suit was filed in 2019 following a rollover accident involving a 2015 Kia Forte, in which a passenger allegedly suffered a traumatic brain injury. The plaintiff claimed Kia knew about an alleged defect in the vehicle’s passenger side seatbelt system, and we argued that the restraint systems met all applicable federal safety standards and system design was not defective.

Multimillion Dollar Defense Verdict for Ford Following 3-Week Trial
In August 2021, we defended Ford Motor Company in a nearly three-week trial in federal court in Ohio in a wrongful death and personal injury case with damages of more than $65 million. The plaintiff alleged that a design defect in the speed control deactivation switch in a 2001 Expedition caused a fire that spread to the family’s home, resulting in death. That vehicle was included in a recall, and Ford sent five notices to the plaintiff, but the recall had not been completed. Ford also showed that burn patterns, witness testimony, and fire dynamics were inconsistent with the plaintiff's claims and that other causes of the fire could not be eliminated. The jury deliberated for approximately seven hours over two days and ultimately agreed with our defense, giving Ford a win on causation.

$87 Million Defense Verdict on Behalf of Kia Motors in Wrongful Death Case
In February 2020, a California jury ruled 9-3 in favor of our client KIA Motors America in a wrongful death case seeking more than $87 million in damages. The plaintiffs claimed that a malfunction in the power steering system of a 2016 KIA Optima contributed to or caused the vehicle to veer off a highway and crash, resulting in two passenger deaths and substantial life-altering injuries to a third passenger. We demonstrated the power steering system did not malfunction, and that driver distraction likely caused the crash.

Ninth Circuit Appellate Win for Harley-Davidson, Making New Law Involving Subject Matter Jurisdiction and the Class Action Fairness Act (CAFA) 
This case resolved an unsettled question in the Ninth Circuit about a removing defendant's burden under CAFA and held that our client, Harley-Davidson, met its burden of showing the amount in controversy exceeds the amount necessary for federal court jurisdiction.

12-0 Defense Verdict for FCA in $52 Million First-Ever Monostable Shifter Case
In September 2019, we defended FCA in California in connection with the first monostable shifter case to go to trial. The claim alleged a defect in the shifter caused a vehicle rollaway and fatal injuries. Plaintiffs claimed $52 million in compensatory damages, plus punitive damages.

10 Consistent Class Actions Wins for Harley-Davidson in Alleged Defect Cases
We have defended Harley-Davidson in over 10 putative class actions that involved alleged defects in various model motorcycles. The cases were filed in Arizona, California, Florida, Georgia, Illinois, New Jersey, New Mexico, and Pennsylvania and involved allegations of alleged defects including, excessive engine heat, charging systems, coolant leaks, ABS brake lines, ABS module wiring, clutches, saddlebags, and fuel pumps. None of the cases resulted in a class being certified.

Class Action Win for Ford in 3 Week CLRA Jury Trial
We defended Ford Motor Company in a three-week jury trial of a certified consumer class action on behalf of California purchasers of various model year Ford Focus vehicles. Claims asserted were based on breach of express warranty, implied warranty and violations of the California Consumers Legal Remedies Act. We obtained a defense verdict on all claims.

Complex Automotive Antitrust Class Action Matter Includes 100-plus Defendants, 45 Parts
In 2021, we defended ZF TRW Automotive Holdings Corp. in an antitrust class action brought by two separate classes that alleged ZF TRW and other competitors conspired to unlawfully fix, artificially raise, maintain, and stabilize prices, rig bids for, and allocate the market and customers in the United States for Hydraulic Braking Systems, in violation of Section 1 of the Sherman Act and related state antitrust and consumer protection laws. This case was part of the In re Automotive Parts Antitrust Lit. class action matter, which involved 45 separate parts and well over 100 different defendants.

Ford Appellate Win in Michigan Involving Michigan Consumer Protection Act
We represent Ford Motor Company in “mass actions” containing over 12,000 plaintiffs claiming breach of warranty and fraud in connection with the purchase of certain Ford automobiles. Among the claims made was an alleged violation of the Michigan Consumer Protection Act (MCPA). Ford moved  to dismiss the MCPA claims on the grounds that Ford fell within an exception to the Act that prohibited statutory claims against regulated products or services. Ford also moved to dismiss the claims of non-Michigan resident plaintiffs on forum non conveniens grounds. The trial court denied both motions. Dykema filed an application for interlocutory review with the Michigan Court of Appeals, which was granted, and the Court of Appeals reversed and agreed with Ford’s arguments on both points. The plaintiffs filed an application for leave to appeal with the Michigan Supreme Court, which denied review in the spring of 2021. Thus stands the Court of Appeals’ decision, which is favorable not just to Ford, but to the entire industry.