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PRESS
RELEASE |
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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 |
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- 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.
- 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.
- 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.
- 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.
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| 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. |
| 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. |
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| 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. |
| This website is sponsored by Lieff Cabraser
Heimann & Bernstein,
LLP, a national plaintiffs' law firm. |
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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP |
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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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Copyright © 2008 Lieff Cabraser Heimann & Bernstein,
LLP |
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