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-   -   ZO6 Proposed class action lawsuit update (https://www.corvetteforum.com/forums/c7-z06-discussion/4160212-zo6-proposed-class-action-lawsuit-update.html)

1SXYZO6 07-03-2018 08:36 PM

ZO6 Proposed class action lawsuit update
 
I inquired about this case a month ago and finally got a reply from an attorney that is involved with the case. Just thought I would share in case anyone is interested.

“The Corvette Z06 class action cases have now all been consolidated in Federal Court in the Eastern District of Michigan. Next, GM will file a motion to dismiss the consolidated class action complaint. The motion will test the legal sufficiency of the different claims being brought by Plaintiffs (and are routinely used by large companies during this type of litigation). The deadline for GM to file the motion is July 10, 2018. Plaintiffs will have 30-45 days to respond and then GM will have another 30 days to file a reply. We cannot provide an estimate as to when the Court will rule on the motion to dismiss, but will send out an update as soon as we hear from the Court or have any new developments regarding the Corvette Z06 case.
At this early stage of the litigation, it is difficult to predict what compensation each class member will ultimately receive. If a settlement is reached that the court rules is fair, reasonable and adequate, then the money obtained from that settlement must be distributed to class members in a manner that the court determines to be fair and equitable.
Feel free to contact me if you have additional questions or concerns.

Shelby Smith | Hagens Berman Sobol Shapiro LLP”

Awarz06 07-03-2018 09:04 PM

It doesn't matter at this stage. If it ultimately ends up in settlement, I assume some sort of form will be sent to all potential class members that purchased a z06 between 2015-2017. At that point people can decide whether to opt in or opt out.

Mr. Gizmo 07-03-2018 09:27 PM

:cone head

Originally Posted by Awarz06 (Post 1597531259)
It doesn't matter at this stage. If it ultimately ends up in settlement, I assume some sort of form will be sent to all potential class members that purchased a z06 between 2015-2017. At that point people can decide whether to opt in or opt out.

Owners will get $1.


BooSSted 07-03-2018 10:55 PM


Originally Posted by Mr. Gizmo (Post 1597531346)
:cone head

Owners will get $1.


if that ...

Awarz06 07-03-2018 11:40 PM

Attorney will make off like a bandit though!

madrob2020 07-04-2018 08:59 AM

I'll be ashes before anyone sees money. I know some of you are POd, rightfully, especially track rats, but what's with the I'm gonna sue every time someone pisses in your Post Toasties. We see it every time someone has a problem with their car repairs, LEMON LAW, sue the dealer, sue GM, etc. instead of giving it a chance to work out. I suspect a lot of problems with dealer/service is the attitude of the customer who goes in with fire in his/her eyes, raises their voice, DEMANDS a loaner, wants it fixed yesterday, etc. Been around a long time but finally learned that calmness & civility towards each other usually works out MUCH better than disrespect. JMHO:cool:

Big Lebowski 07-09-2018 11:54 AM


Originally Posted by Awarz06 (Post 1597531970)
Attorney will make off like a bandit though!

And so they should! Having been through an automotive lemon law suit, IF (and its a big "if") the Z06 owners prevail, my understanding is the attorneys fees & expenses are paid by Automaker directly, and the settlement will go to the owners. This is to prevent a David & Goliath scenario where individual vehicle owners would get buried in legal fees and expenses attempting to bring legitimate cases to court while large car companies simply kept their in-house attorneys and outside attorneys on retainer busy for a few years. Essentially, the system as I understand it encourages attorneys to only take on cases they think have a legitimate chance...and prevents consumers from getting buried by the big corporation.

rfgoss1 07-09-2018 02:21 PM

Class Action
 
Thanks for the update. Has the firm considered a Mass Tort approach or possibly dragging the dealers in on a DTPA violation? Given that many of us asked directly if the problems were corrected and received dishonest answers maybe the dealer is a better candidate?
Randy

Originally Posted by 1SXYZO6 (Post 1597531127)
I inquired about this case a month ago and finally got a reply from an attorney that is involved with the case. Just thought I would share in case anyone is interested.

“The Corvette Z06 class action cases have now all been consolidated in Federal Court in the Eastern District of Michigan. Next, GM will file a motion to dismiss the consolidated class action complaint. The motion will test the legal sufficiency of the different claims being brought by Plaintiffs (and are routinely used by large companies during this type of litigation). The deadline for GM to file the motion is July 10, 2018. Plaintiffs will have 30-45 days to respond and then GM will have another 30 days to file a reply. We cannot provide an estimate as to when the Court will rule on the motion to dismiss, but will send out an update as soon as we hear from the Court or have any new developments regarding the Corvette Z06 case.
At this early stage of the litigation, it is difficult to predict what compensation each class member will ultimately receive. If a settlement is reached that the court rules is fair, reasonable and adequate, then the money obtained from that settlement must be distributed to class members in a manner that the court determines to be fair and equitable.
Feel free to contact me if you have additional questions or concerns.

Shelby Smith | Hagens Berman Sobol Shapiro LLP”


Monkey D. Luffy 07-09-2018 02:27 PM


Originally Posted by Mr. Gizmo (Post 1597531346)
:cone head

Owners will get $1.



Originally Posted by BooSSted (Post 1597531760)
if that ...


Originally Posted by Awarz06 (Post 1597531970)
Attorney will make off like a bandit though!

The only winners in this case will be the Attorneys

rfgoss1 07-09-2018 03:02 PM


Originally Posted by TheVettePirate (Post 1597563430)
The only winners in this case will be the Attorneys

I don't want any money, I want them to take the car back. :)

badhabit_wb 07-09-2018 03:26 PM

I love my car. That said it would be nice if GM either fixed the issues, extended the warranty, or offered us a serious discount to upgrade. If I never tracked my car it wouldn't even be an issue, but I do track it. Almost every month. Sometimes more than once a month. They shouldn't have promised more than they delivered. Even saying all that it's a great car for the money.

TXshaggy 07-09-2018 04:23 PM

Standing by for my free oil change...

madrob2020 07-09-2018 04:30 PM


Originally Posted by TXshaggy (Post 1597564188)
Standing by for my free oil change...

^^^^^ THIS:yesnod:

HighBeta 07-09-2018 09:44 PM


Originally Posted by rfgoss1 (Post 1597563394)
Thanks for the update. Has the firm considered a Mass Tort approach or possibly dragging the dealers in on a DTPA violation? Given that many of us asked directly if the problems were corrected and received dishonest answers maybe the dealer is a better candidate?
Randy

The much easier, single target to hit here is General Motors.

Trying to bring a suit against numerous, individual entity dealers for deception arising from someone else's design and engineering decisions? That would seem to be a non-starter: they are independent sales and service facilities. I can't see them being held culpable for GM's design efforts.

rfgoss1 07-10-2018 07:50 AM


Originally Posted by HighBeta (Post 1597566225)
The much easier, single target to hit here is General Motors.

Trying to bring a suit against numerous, individual entity dealers for deception arising from someone else's design and engineering decisions? That would seem to be a non-starter: they are independent sales and service facilities. I can't see them being held culpable for GM's design efforts.

I wouldn't sue for the overheating problem. I would sue under DTPA for misleading me in my purchase.

rwheelz 07-10-2018 03:37 PM


Originally Posted by madrob2020 (Post 1597533065)
I'll be ashes before anyone sees money. I know some of you are POd, rightfully, especially track rats, but what's with the I'm gonna sue every time someone pisses in your Post Toasties. We see it every time someone has a problem with their car repairs, LEMON LAW, sue the dealer, sue GM, etc. instead of giving it a chance to work out. I suspect a lot of problems with dealer/service is the attitude of the customer who goes in with fire in his/her eyes, raises their voice, DEMANDS a loaner, wants it fixed yesterday, etc. Been around a long time but finally learned that calmness & civility towards each other usually works out MUCH better than disrespect. JMHO:cool:

Giving it a chance to work out? You mean wait for the fix Tadge promised us years ago? They have literally done, and offered, nothing at all. Nor will they. This has nothing to do with customer attitude or the way we approach the service department, and everything to do with poor engineering/design and deceptive marketing strategy.

I think some of you have missed the point of a class-action law suit. They aren't necessarily intended to compensate the claimants, but rather, to punish big corporations so they do not continue to screw people over in the future. I have no hopes of "getting a dime" or even a free oil change, but will gladly sign onto the suit because it MIGHT mean that they get their act together for the C8. At the very least, they might be honest and just state up front that the car will overheat under track usage in hot weather.

revo1059 07-10-2018 04:04 PM


Giving it a chance to work out? You mean wait for the fix Tadge promised us years ago? They have literally done, and offered, nothing at all. Nor will they. This has nothing to do with customer attitude or the way we approach the service department, and everything to do with poor engineering/design and deceptive marketing strategy.
Exactly. Some people spent $80-$100k+ for a car they planned to use as advertised. In many cases the car is not capable of doing that. A little different than "I spilled hot coffee so I'm suing McDonalds" or "my GPS told me to drive into a lake" type of lawsuit. Hasn't it been 3 years now of "we are working on a fix"?

Then for some they see the new ZL1 come out with the same engine and an auto (granted a new 10 speed) radiators all over and it's able to be beaten mercilessly and not overheat. Even the pro reviewers noted that. Can't blame for some to be looking at legal action.

village idiot 07-10-2018 07:06 PM

I seriously doubt this class will ever be certified. I'm probably more plaintiff leaning than most federal judges and I just can't see it happening or being held up on appeal.

NASTYC7 07-10-2018 07:27 PM


Originally Posted by rwheelz (Post 1597570583)
Giving it a chance to work out? You mean wait for the fix Tadge promised us years ago? They have literally done, and offered, nothing at all. Nor will they. This has nothing to do with customer attitude or the way we approach the service department, and everything to do with poor engineering/design and deceptive marketing strategy.

I think some of you have missed the point of a class-action law suit. They aren't necessarily intended to compensate the claimants, but rather, to punish big corporations so they do not continue to screw people over in the future. I have no hopes of "getting a dime" or even a free oil change, but will gladly sign onto the suit because it MIGHT mean that they get their act together for the C8. At the very least, they might be honest and just state up front that the car will overheat under track usage in hot weather.

Also don't forget. If you change anything you will void warranty....


Greg00Coupe 07-11-2018 02:36 AM

I’ve been involved in a few of these suits and they take years. One that just ended took 11 years and compared to this one it was simple IMHO. Bought some property in 2007, very bad timing in hindsight.

Builder excluded required language on cancelling the deal, which seems pretty black and white compared to this and taking on GM.

With the cobalt people died and look how long that took to partially resolve

GM has tons of lawyers just set to defend their reputation



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