Issue: Alleged defect in engine emissions system
On June 12, 2019, Judge Joan B. Gottschall of the United States District Court for the Northern District of Illinois issued an Order granting preliminary approval to a proposed settlement of multidistrict litigation brought on behalf of plaintiff truck owners and lessees alleging that Navistar, Inc. and Navistar International, Inc. sold or leased 2011-2014 model year vehicles equipped with certain MaxxForce 11- or 13-liter diesel engines equipped with a defective EGR emissions system. Judge Gottschall ruled that the proposed class action settlement which had been submitted to the Court on May 28, 2019, is likely to be approved as fair, reasonable, and adequate in addressing plaintiffs’ claims, and that the Court was also likely to certify the Settlement Class for purposes of implementing the settlement.
The $135 million settlement provides class members with $2,500 per truck or $10,000 rebate off new truck, or option to seek up to $15,000 per truck in out of pocket damages caused by alleged defect.
History of the Case: Navistar Charged With Selling Defective Engines
Lieff Cabraser represents trucking companies in litigation against Navistar International Corporation. The trucking companies charge that Navistar actively concealed that its 2010-2013 model trucks were equipped with diesel engines that contain a defective emission system — the MaxxForce Advanced EGR diesel engine.
May 2019 Update
In late May 2019, the parties in the In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liabilities Litigation reached an agreement to settle the nationwide federal class action lawsuit relating to certain MaxxForce 11- or 13-liter diesel engines equipped with an allegedly defective EGR emissions system. Plaintiffs filed the proposed settlement, under which Navistar International and Navistar, Inc. (NYSE: NAV) must pay out $135 million, with Judge Joan B. Gottschall of the U.S. District Court for the Northern District of Illinois for her consideration and approval. The proposed settlement must be approved by the Court. If the Court grants final approval, Class members will have six months to make their elections and file a claim.
MaxxForce Engine Class Action Lawsuit Allegations
The complaint alleges that the MaxxForce Engine is defective and that the alleged defects lead to repeated failures, well before completion of its intended and expected useful life, requiring costly repairs often at the expense of owners and lessees. Further, when the trucks were brought in for repairs during the warranty period, Navistar didn’t properly repair the emission system and instead replaced them with another equally defective failure-prone system.
The complaint further alleges that the defect rendered the MaxxForce Engines unreasonably dangerous at the time the Navistar trucks were purchased. The defect can and has led to sudden breakdowns, forcing trucks, often heavily loaded with cargo, to attempt emergency maneuver, such as pulling to the side of the road. The defect also causes coolant and exhaust fumes to enter the passenger compartment of the Navistar trucks, causing risks of driver poisoning from the fumes.
The trucking companies seek a court order allowing them to represent a nationwide class of all current and former purchasers and lessees of 2010-2013 model year Navistar vehicles equipped with MaxxForce 11, 13, or 15 Advanced EGR diesel Engines.
Navistar sold trucks containing the allegedly defective MaxxForce Engines under its International brand name, including the following models:
- International Prostar and Lonestar, which are heavy duty, long haul tractor trailer trucks;
- International Transtar, a heavy duty, regional haul truck;
- International Workstar and Paystar, severe duty trucks used for construction applications (for example as dump trucks); and
- International Loadstar, a severe duty cab forward truck used for various applications, including as garbage trucks and airplane refueling trucks.
Contact Plaintiffs’ Counsel
We are interested in learning of any alleged problems you have had with Navistar MaxxForce EGR diesel engines. The information you provide will assist in holding Navistar accountable for the alleged economic losses of truck companies. Please use the form below to contact us. We will review your claim without charge or any obligation on your part.
Lieff Cabraser agrees to protect your name and all confidential information you submit against disclosure, publication or unauthorized use to the full extent under the law.