On December 18, 2018, Judge Amy Totenberg of the U.S. District Court for the Northern District of Georgia issued an order denying defendant Mercedes-Benz USA’s motion to dismiss the vehicle air conditioning mold defects case, finding that the plaintiffs had sufficiently plead their claims against the luxury vehicle manufacturer, which claims include fraud by concealment and unjust enrichment.
This is Mercedes’ fourth unsuccessful motion to dismiss the A/C mold lawsuit. “Instead of wasting time and money on meritless motions, Mercedes should focus on making things right with the families to which they sold defective Mercedes vehicles,” notes plaintiffs’ counsel and Lieff Cabraser partner Annika K. Martin.
The lawsuit alleges that defective heating and air conditioning systems in a wide range of Mercedes-Benz vehicles accumulate mold and mildew that gets pushed through the vehicle cabins when the HVAC systems are operating, rendering the vehicles unusable for their intended purpose. A similar lawsuit is proceeding in federal court in California, and additional plaintiffs recently filed a national Mercedes air conditioning mold defects lawsuit in federal court in New Jersey. Read a copy of Judge Totenberg’s decision.