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Mercedes-Benz Air Intake Defect Class Action Lawsuit Survives Dismissal
By Matt O’Donnell
A federal judge this week refused to dismiss a class action lawsuit accusing Mercedes-Benz of manufacturing defective air intake systems in its 2006-2011 SUV vehicles that cause sudden engine failure.
The Mercedes-Benz class action lawsuit alleges that the air intake system in these vehicles is defective because it fails to prevent leaves, twigs and other object from entering the system and causing it to clog. “As a result, during rain or when the vehicle is washed, water builds up in the AIS and enters the Class Vehicles’ climate control system and vehicle interior, resulting in substantial electrical failure and damaging the interior components of the Class Vehicles,” the class action lawsuit states.
In addition to damaging the vehicle, the alleged Mercedes-Benz air intake defect presents a safety hazard and is unreasonably dangerous to consumers because it can cause “catastrophic engine and/or electrical system failure while the vehicle is in operation,” the class action lawsuit continues.
Mercedes-Benz allegedly knew about the air intake defect and the unreasonable safety risk it posed since 2005, but failed to disclose that information to the tens of thousands of Mercedes-Benz owners and lessees the plaintiffs are seeking to represent.
The Mercedes-Benz air intake class action lawsuit covers Mercedes-Benz GL-Class SUVs from model years 2007-2011, ML-Class SUVs from 2006-2011 and R-Class crossovers from 2006-2011.
U.S. District Judge William J. Martini denied a motion to dismiss the class action lawsuit in its entirety, but did pare it down in a December 18 ruling.
Judge Martini threw out claims of unjust enrichment, breach of good faith and fair dealing, and breach of implied warranties, but allowed class claims for fraud and violations of California’s Consumer Legal Remedies Act and Unfair Competition Law to move forward.
A 2009 class action lawsuit settlement resolved similar allegations that 2006-2011 Mercedes-Benz S-Class W220 vehicles had faulty air intake systems. The company agreed to reimburse car owners for out-of-pocket expenses they incurred to repair the faulty systems and rental car and towing costs.
The Mercedes-Benz Defective Air Intake Class Action Lawsuit case is Feldman v. Mercedes-Benz USA LLC et al., Case No. 11-cv-00984, in the U.S. District Court for the District of New Jersey.
The plaintiffs are represented by Eric D. Katz, David A. Mazie and Matthew Ross Mendelsohn of Mazie Slater Katz & Freeman LLC.
Updated December 20th, 2012
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3 thoughts onMercedes-Benz Air Intake Defect Class Action Lawsuit Survives Dismissal
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Many 2012-2013 SLK owners are experiencing many unresolved warranty issues with their vehicles. MB refuses to address issues claiming normal condition. I will never purchase or recommend purchasing a Mercedes vehicle. 6 months and 1500 miles of ownership grief.
I will never buy another Mercedes car because of the problem(s) that I had with (said) car.
The company did nothing to help us, only telling us to drive it until it flashes a code .
Hind site, they knew of all the problems.
The car just gave us grief.