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PRESS RELEASE
  

Sacramento Judge Grants Preliminary
Approval to Ford Explorer Cases Class
Action Settlement After Court Hearing

Sacramento Superior Court Judge David DeAlba granted preliminary approval to a class action settlement of the Ford Explorer Cases brought in Sacramento against Ford Motor Company alleging Ford misled car buyers by falsely claiming model year 1990-2001 Explorers were safe, all-purpose family vehicles and that Ford knew the Explorer’s high, narrow build made it prone to rollovers in emergency maneuvers at highway speeds.
When the dangerous defects came to light after a nationwide recall of the Explorer’ Firestone tires in August 200, each Explorer lost value, plaintiffs alleged.
For more information on the settlement and making a claim, please visit explorerclaims.com
  1. The agreement will provide an estimated one million Explorer owners in California, Illinois, Connecticut and Texas, the opportunity to claim certificates for $500 off the purchase or lease of a new Explorer or $300 off the purchase or lease of a new Ford, Lincoln or Mercury vehicle. The certificates are valid for 12 months from the date of issuance, transferable to any person who is a resident of the affected states provided the certificates are issued in the name of the proposed purchaser and may be used in conjunction with any other Ford offers purchase incentive or discount.
      
  2. The agreement requires that Ford provide warnings about SUV’s on how to reduce the risk of rollover and tire safety, as well as the importance of using the proper safety restraints, driving and cargo loading practices on its website: www.Ford.com. Instructions will be provided in English and Spanish and will instruct consumers how to obtain extra copies of the 2007 Explorer Owner’s Guides.
      
  3. The agreement prohibits Ford from making factual representations about the rollover safety or handling characteristics of its SUV that are not substantiated with reasonably reliable scientific evidence.
      
  4. The agreement provides that Ford will pay up to $25 million in attorneys’ fees and expenses to counsel representing the plaintiffs in all four states.
Class members may immediately register to receive a claim form for obtaining certificates at www.ExplorerClaims.com.
Preliminary approval triggers a rigorous program of notice to class members using electronic and print media, including individual notification to Class members, publication of the settlement in leading consumer publications including People, Newsweek, Sports Illustrated, Parade Magazine and USA Today Weekend edition, Public Service Announcements, a toll free number for class members to call and a website. During the Notice and Claims period, class members may opt out of and/or object to the settlement. A final hearing on the approval of the settlement will be held before Judge DeAlba on April 15, 2008. In the event the settlement is denied, the case will return to Judge DeAlba for closing arguments and conclusion.
Final approval will end litigation of the consumers protection claims brought, starting in 2001, in the four states, but will have absolutely no impact on personal injury cases involving the Explorer. Trial in the California class action, the first and only to go to trial so far lasted for 50 days and was heard before Judge DeAlba, who was assigned by the Judicial Counsel to hear the coordinated cases filed throughout California.
As stated above, the settlement will have no affect on individual personal injury or wrongful death claims brought against Ford and involving the Ford Explorer.
The California Class is represented by co-lead counsels Elizabeth Cabraser of San Francisco, California and Kevin Roddy of Woodbridge, New Jersey. Plaintiffs’ liaison counsel is Tracey Buck-Walsh of Sacramento, California. Lead trial counsel is Tab Turner of Little Rock, Arkansas. Other Class Counsel include Jenelle Welling and Robert Green of San Francisco, Henry Rossbacher and Taras Kick of Los Angeles, California, William Kershaw of Sacramento, California and Don Barrett of Lexington, Mississippi.
Ford Explorer Cases Class Action Settlement Approval Calendar
December 3, 2007 Hearing on Preliminary Approval - Court grants preliminary approval, parties issue joint press release shortly thereafter. Class members can request claim forms.
January 18, 2007 Publication Notice Begins/Public Service Announcements begin.
March 3, 2008 Publication Notice Ends.
March 30, 2008 Public Service Announcements end.
April 3, 2008 Opt-outs and objections to settlement due.
April 9, 2008 Parties file fairness briefs.
April 15, 2008 Fairness Hearing.
April 29, 2008 Claims period ends. Certificates good for one year from issuance.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last five years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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Notice: Lieff Cabraser attorneys provide legal advice and practice law for clients in federal district courts throughout the United States and in state courts where we are licensed to practice. In states in which our lawyers are not licensed to practice, we have affiliations with local attorneys who serve as co-counsel with our firm. Please read our disclaimer.

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