A Ford F-150 10R80 transmission lawsuit first popped up back in August of 2019 in Illinois concerning 2017-2020 models that experienced “clunking, banging, harsh shifting, jerking, hesitation, and slipped gears,” among other numerous alleged issues. Another Ford F-150 10R80 transmission lawsuit was filed in January of 2020 in Pennsylvania, followed by a third in Massachusetts the very next month. Ford filed to have the Illinois lawsuit dismissed last November, but now, the case will move on after another judge only partially dismissed the suit, according to Car Complaints.
Judge Robert M. Dow, Jr. is allowing some state claims to proceed while also dismissing some breach of implied warranty claims in other states. Judge Dow Jr. ruled that it’s too early in the process to dismiss the claims entirely, and wants to leave the matter to the class certification stage following “class discovery, the plaintiff’s motion for certification, and the benefit of full briefing on the issue of class certification.”
As far as the claims of an implied warranty, negligence, fraud/fraudulent concealment, express warranty, and unjust enrichment go, Judge Dow Jr. argued that the plaintiff’s claims are too varied to satisfy commonality requirements. “Whether these differences destroy commonality is an issue for another day,” he said.
Meanwhile, Ford argues that the “nationwide class allegations” should be dismissed under Rule 12(f) on the basis they are “facially and inherently deficient” given all of the “material distinctions among the different laws to be applied to the members of the proposed class.”
We’ll have more on this and all pending Ford lawsuits as soon as it’s available, so be sure and subscribe to Ford Authority for the latest Ford F-Series news, Ford F-150 news, Ford business news, Ford lawsuit news, and continuous Ford news coverage.