— A federal judge has granted final approval to a Honda Idle Stop settlement for customers but held off on awarding about $36,000,000 in attorneys' fees to the plaintiffs' lawyers.
Three class action lawsuits (Bolooki v. Honda, Cooper v. Honda, and Nock v. Honda) were consolidated into one lawsuit that alleges Honda's Idle Stop systems are defective in these models:
- 2015–2020 Acura TLX
- 2016–2020 Acura MDX
- 2016–2021 Honda Pilot
- 2019–2021 Honda Passport
- 2020–2021 Honda Ridgeline
Honda denies all the allegations, but 20 plaintiffs contend the Idle Stop system doesn't always restart the engine after it shuts down after a vehicle is stationary for more than two seconds. Although pushing a button disables the Idle Stop system, owners claim the features are dangerous and defective.
The judge allowed the plaintiffs to modify and refile their Idle Stop class action lawsuit five times, but the judge certified the lawsuit for only 11 states. However, Honda decided to settle the case for customers nationwide.
According to the settlement agreement, warranty extensions offered years before the settlement was reached are considered "benefits" of the settlement.
Acura and Honda issued Idle Stop warranty extensions in 2022 and 2023 to repair the vehicles for free for 10 years after the vehicles first entered service.
- Warranty Extension 22-009: 2015-2020 Acura TLX
- Warranty Extension 23-002: 2016-2020 Acura MDX
- Warranty Extension 23-009: 2019-2021 Honda Passport, 2016-2021 Honda Pilot, 2020-2021 Honda Ridgeline
The previous Idle Stop warranty extensions required a dealer to verify the problem, but Honda removed that requirement so a vehicle will be repaired even if technicians cannot replicate the problems.
The warranty extension is for 10 years from the date a vehicle went into service, so for model year 2015 vehicles Honda will offer the Idle Stop warranty extension claim period for 24 months beginning from the date of preliminary approval of the Idle Stop settlement. And for model year 2016 vehicles the period will be 18 months.
A vehicle is not covered by the warranty extension if the vehicle has already received the “A53” starter motor assembly for free under warranty.
Honda will also reimburse customers who paid for Idle Stop repairs unless Honda already provided reimbursement.
Honda Idle Stop Settlement — The Attorneys' Fees
According to the Honda class action lawsuit settlement, the 20 Honda customers who filed the lawsuit are to receive $7,500 each, and the lawyers representing those plaintiffs want $35,250,000 for attorneys' fees and $823,131.24 for expenses.
Honda told the judge the $36 million requested by the lawyers is way out of line. The Idle Stop settlement provides owners with warranty extensions that have existed since 2022 and 2023, years before the settlement was reached. The real "benefit" of the settlement is the removal of previous verification conditions that had to be met for free repairs.
The other benefit of the Idle Stop settlement is reimbursement if a customer paid their own money for repairs. However, Honda had already offered reimbursements to some customers who paid their own money for Idle Stop repairs.
And it should be noted the 10-year Idle Stop warranty extension does not apply to any vehicle that previously received an “A53” starter motor assembly replacement for free under warranty.
While the Idle Stop settlement is approved and final for customers, Judge Mark C. Scarsi says he will appoint a "Special Master" to "(1) review Plaintiffs' motion for attorneys' fees, expenses, and service awards, alongside Class Counsel's itemized billing records, and (2) provide a Report and Recommendation regarding the motion."
"The Court expressly reserves Plaintiffs Motion for Attorneys' Fees, Expenses, and Service Awards (ECF No. 277), for post judgment resolution. The parties substantive obligations under the Settlement Agreement except for the payment of fees, expenses, and awards shall be based on the date of entry of this Final Order and the accompanying Judgment."
Judge Scarsi "invites the parties to jointly select and propose a Special Master of their choosing. If the parties are unable to reach agreement regarding a particular Special Master, the Court will select one."
The Honda Idle Stop settlement was filed in the U.S. District Court for the Central District of California: In re Honda Idle Stop Litigation, (Hamid Bolooki v. Honda Motor Company Limited, et al), case number 2:22-cv-04252-MCS-SK.
The plaintiffs are represented by DiCello Levitt LLP, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., and Andrew T. Trailor, P.A.
