— A Chrysler electronic gearshifter lawsuit that began nine years ago may finally be coming to an end.
The judge notes the "case has a long and complex history" that began in New York in 2016, then transferred to a Michigan federal court, and now transferred back to New York for final resolution of the lawsuit.
A monostable gearshift trial came down in favor of Chrysler, for the most part.
Prior to the trial, the court had certified a class of customers from 21 states who purchased or leased 2012-2014 Dodge Charger, 2012-2014 Chrysler 300 and 2014-2015 Jeep Grand Cherokee vehicles.
"After the trial—which was largely resolved in Chrysler’s favor—the MDL Court rejected Chrysler’s attempt to use the favorable verdict against the New York class members. It then remanded the New York case back to this Court for final resolution." — Judge Sanket J. Bulsara
Several class action lawsuits were filed in 2016 after the National Highway Traffic Safety Administration opened an investigation in 2015 into the electronic gearshifters in 2014-2015 Jeep Grand Cherokee SUVs.
In February 2016, NHTSA upgraded the investigation to include Chrysler 300 and Dodge Charger cars equipped with 3.6L engines because they use the same gearshifts.
Hundreds of drivers reported their vehicles rolled away, and the subject really took off when in 2016, 27-year-old Star Trek actor Anton Yelchin was struck and killed by his 2015 Jeep Grand Cherokee in a rollaway incident.
The federal investigation didn't find any defects in the monostable gearshifters, but safety regulators said the shifters were different than traditional gearshifts and were confusing to drivers.
NHTSA also found the FCA vehicles provided warnings to prevent drivers from exiting the vehicles without the vehicles in PARK, including audible chimes and visual warning messages used to alert a driver if the driver's side door is opened while the transmission is not in PARK.
However, drivers ignored the warnings which allowed the vehicles to roll away.
The Chrysler monostable shifter has a central neutral position the lever moves back to each time the driver releases the shifter. Going by the feel or location of the shifter is useless as the only way to know if a vehicle is in PARK is to look at indicator lights on the gear shifter and instrument panel.
NHTSA found the gearshifters were confusing to drivers who were used to traditional shifters, so Fiat Chrysler recalled more than 800,000 vehicles to ensure the shifters were less confusing and less dangerous. The government then closed its investigation based on the gearshifter recall.
No Chrysler Gearshifter Class Action Lawsuit
Only one New York general business law (GBL) § 349 claim remains, but even that claim can only move forward as individual claims for the two plaintiffs. Meaning, no class action lawsuit exists.
Judge Sanket J. Bulsara denied the plaintiff's motion to amend or alter the class definition, but the judge granted Chrysler's motion for sanctions against the plaintiffs.
The judge dismissed all remaining claims, including fraudulent concealment, express warranty, unjust enrichment, violation of the Magnuson Moss Warranty Act, and a general business law § 350 claim.
The judge also ordered lawyers for Chrysler to provide invoices to the plaintiff's lawyers due to sanctions, and the plaintiffs must file a letter indicating those fees have been paid by September 18.
According to the judge:
"Because Plaintiffs cannot seek certification of any new class, or alteration or amendment of the existing class, this case will proceed to individualized trials on the GBL § 349 claim for Plaintiffs Janella Mack and John Lynd. Any other New York class members must pursue their claims for GBL § 349 violations in separate lawsuits."
The Chrysler gearshift lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: In Re: FCA US LLC Monostable Electronic Gearshift Litigation.
The plaintiffs are represented by The Miller Law Firm, P.C., Hagens Berman Sobol Shapiro LLP, Kessler Topaz Meltzer & Check, LLP, Gustafson Gluek PLLC, Lockridge Grindal Nauen P.L.L.P., Milberg Coleman Bryson Phillips Grossman, and Finkelstein, Blankinship, Frei-Pearson & Garber, LLP.