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C7 Corvettes are among the half-million vehicles targeted by a class action lawsuit against General Motors just approved by a federal court.
For years, some GM owners have complained about shuddering and shaking in higher gears and lurching in lower gears when shifting their eight-speed 8L45 or 8L90 automatic transmissions.
In the past, GM has responded by having dealers reassure customers the issues are normal and also suggested changing the transmission fluid to fix the problem.
Now, the 6th U.S. Circuit of Appeals has ordered GM to face a class action suit involving 514,000 owners of GM vehicles produced from 2015 to 2019, including the Chevrolet Corvette, Camaro, Colorado, and Silverado; Cadillac CTS, CT6, and Escalade; and the GMC Canyon, Sierra, and Yukon, among others.
GM had argued against the class action suit because it believes most customers were not affected by the problem and therefore lacked standing to sue, adding that the differences between class members were also too great for group lawsuits.
The 6th U.S. Circuit Court of Appeals ruled that drivers from 26 U.S. states can sue GM in groups over Cadillac, Chevrolet, and GMC vehicles equipped with 8L45 or 8L90 eight-speed automatic transmissions, sold in model years 2015 through 2019.
Circuit Judge Karen Nelson Moore ruled against those arguments, however, noting that overpaying for the defective vehicles was enough to establish standing.
The judge also argued that specific shuddering or shift quality experiences of individual plaintiffs were irrelevant to whether GM concealed known defects.
Moore’s ruling returns the case to U.S. District Judge David Lawson in Detroit, who had originally certified the classes in March 2023.
“We look forward to holding GM accountable before a Michigan jury,” said Ted Leopold, a partner at Cohen Milstein Sellers & Toll representing the vehicle owners.
The appeals court also rejected GM’s attempt to push many of the claims into arbitration, returning the case to U.S. District Judge David Lawson in Detroit, who had originally certified the classes in March 2023.
For years, some GM owners have complained about shuddering and shaking in higher gears and lurching in lower gears when shifting their eight-speed 8L45 or 8L90 automatic transmissions.
In the past, GM has responded by having dealers reassure customers the issues are normal and also suggested changing the transmission fluid to fix the problem.
Now, the 6th U.S. Circuit of Appeals has ordered GM to face a class action suit involving 514,000 owners of GM vehicles produced from 2015 to 2019, including the Chevrolet Corvette, Camaro, Colorado, and Silverado; Cadillac CTS, CT6, and Escalade; and the GMC Canyon, Sierra, and Yukon, among others.
GM had argued against the class action suit because it believes most customers were not affected by the problem and therefore lacked standing to sue, adding that the differences between class members were also too great for group lawsuits.
The 6th U.S. Circuit Court of Appeals ruled that drivers from 26 U.S. states can sue GM in groups over Cadillac, Chevrolet, and GMC vehicles equipped with 8L45 or 8L90 eight-speed automatic transmissions, sold in model years 2015 through 2019.
Circuit Judge Karen Nelson Moore ruled against those arguments, however, noting that overpaying for the defective vehicles was enough to establish standing.
The judge also argued that specific shuddering or shift quality experiences of individual plaintiffs were irrelevant to whether GM concealed known defects.
Moore’s ruling returns the case to U.S. District Judge David Lawson in Detroit, who had originally certified the classes in March 2023.
“We look forward to holding GM accountable before a Michigan jury,” said Ted Leopold, a partner at Cohen Milstein Sellers & Toll representing the vehicle owners.
The appeals court also rejected GM’s attempt to push many of the claims into arbitration, returning the case to U.S. District Judge David Lawson in Detroit, who had originally certified the classes in March 2023.