— A Hyundai Genesis class action lawsuit in New York alleges the paint and clear coat peels in 2013 Hyundai Genesis cars.
The class action lawsuit says the paint and clear coat are defective and may not have been applied properly to 2013 Hyundai Genesis vehicles.
The paint and clear coat can become discolored and peel away, something New York customers didn't know about when they purchased the vehicles.
New York plaintiff Gaetano Russo purchased a 2013 Hyundai Genesis 3.8 sedan in September 2013. According to the lawsuit, the clear coat and paint can peel so severely that rust can appear.
The plaintiff contends the cars are not the vehicles advertised by Hyundai, and customers of 2013 Genesis cars may allegedly pay up to $1,800 or more to repair the paint problems.
Hyundai Genesis Peeling Paint Lawsuit in Question
The Hyundai Genesis class action lawsuit was filed in March 2024, and based on recent documents the plaintiff isn't having much success in court.
On January 3, Judge Nusrat J. Choudhury filed an order ruling the plaintiff must show cause why the court should not dismiss the lawsuit for lack of subject matter jurisdiction pursuant to the Class Action Fairness Act.
The judge says a plaintiff must allege a class of 100 or more members, but the Hyundai Genesis lawsuit doesn't do that.
Judge Choudhury also says a plaintiff must show "that it appears to a reasonable probability that the aggregate claims of the plaintiff class are in excess of $5 million."
"Because the Amended Complaint does not allege how many members are in the alleged class, the Court cannot determine whether the aggregate claims of the plaintiff class are in excess of $5 million." — Judge Choudhury
The judge gave the plaintiff until January 17 to "show cause in writing, through sworn affidavit, why this Court should not dismiss this action for lack of subject matter jurisdiction, without prejudice to refiling in the proper forum."
The 2013 Hyundai Genesis peeling paint lawsuit was filed in the U.S. District Court for the Eastern District of New York (Central Islip): Gaetano Russo v. Hyundai Motor America.
The plaintiff is represented by Sheehan & Associates P.C.