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Honda Hybrid Litigation

Practice: 
Consumer Protection
Phase: 
Current

 

Chimicles & Tikellis LLP filed a class action complaint in the Central District of California against American Honda Motor Co., Inc., on behalf of all persons who purchased or leased a new Honda Civic Hybrid (“HCH”) from Defendant in the United States between March 1, 2003 through March 1, 2007.  On July 13, 2010, Chimicles & Tikellis LLP filed a similar class action complaint in Los Angeles County California State Court on behalf of a substantially similar class of California purchasers of HCH model years 2003 through 2008.

The complaints assert claims against the Defendant under the Unfair Competition Law (“UCL”), Cal. Bus. & Pro. Code § 17200, et seq., False Advertising Law (“FAL”), Bus. & Pro. Code § 17500, et seq., the Consumer Legal Remedies Act (“CLRA”), Cal. Civil Code § 1750, et seq., and for common law Unjust Enrichment. The complaint alleges that Honda advertises and markets the HCH in a disingenuous way, with inaccurate representations of fuel economy that the car simply does not achieve under normal driving conditions. The complaint also alleges that the challenged representations of fuel economy in the marketing and advertising of the HCH are not required by law and are not put in the appropriate context. The complaint further alleges that Honda’s advertisements with their untrue, materially misleading or deceptive statements concerning fuel efficiency and cost savings were communicated to every consumer who purchased an HCH from Defendant during the Class Period.

The class action filed by Chimicles & Tikellis seeks actual, compensatory, and punitive damages, restitution, and equitable relief, including disgorgement or profits and injunction, and attorney's fees and costs. The complaint can be viewed by clicking below.

On August 27, 2009, The United States District Court for the Central District of California preliminarily approved a settlement of plaintiffs’ claims in this lawsuit.  On February 22, 2010, a hearing on final approval of the settlement was held in Riverside, California. On February 26, 2010, Judge Virginia A. Phillips issued an order denying Plaintiffs’ motion for final approval of the settlement without prejudice.  The parties subsequently reported to the Court on April 19, 2010 that they were engaged in discussions to address the concerns raised by the Court in the February 26, 2010 order.  During a telephonic hearing held on April 26, 2010, the Court ordered the parties to return to mediation. A status conference has been set for August 20, 2010.

On August 17, 2010, Chimicles & Tikellis LLP filed a Corrected Amended Complaint in Los Angeles County California State Court adding claims for breach of warranty on behalf of all California purchasers of HCH model years 2006 through 2008.The Corrected Amended Complaint alleges that the HCH contains a design defect which causes the Integrated Motor Assist ("IMA") battery to deteriorate and wear out prematurely, resulting in reduced fuel economy and causing the HCH to become dangerously underpowered. The Complaint further alleges that Honda's "software update" to address the premature battery failure acutally exacerbates these problems, and serves only to delay the deterioration of the IMA battery until the warranty period has run out.

Members of the Settlement Class are encouraged to check this website periodically for updates.

AttachmentSize
HONDA FAC.pdf1.03 MB
Attorneys to Contact: 
Nicholas E. Chimicles (Nick@chimicles.com)
Denise Davis Schwartzman (DeniseSchwartzman@chimicles.com)
Alison R. Gabe (AlisonGabe@chimicles.com)
361 West Lancaster Avenue, Haverford, PA 19041 Phone: 610-642-8500

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