U.S. District Judge Timothy C. Batten, Sr., issued a 58 page Order denying Mercedes and Daimler’s Motions to Dismiss and Motions to Strike Class Allegations as to Plaintiffs in Georgia, Texas, Virginia, and California. The Court stated that Plaintiffs in these states have sufficiently alleged plausible claims of fraudulent concealment and violations of various state consumer protection laws. The Court dismissed all claims arising under Florida and Illinois law. See Court Filings. Please also continue to use the Contact Us form here to share your experiences with us.
June 7, 2013:
August 28, 2012:
Texas law firm Wigington Rumley Dunn & Ritch along with Georgia law firm Conley Griggs Partin filed Plaintiffs’ First Amended Complaint on August 28, 2012. In the Amended Complaint, Plaintiffs expanded the suit to include the 2003-2009 E-320 Mercedes-Benz vehicles and also expanding the class representation to include Florida, Illinois, and California. See Court Filings.
July 18, 2012:
Texas law firm Wigington Rumley Dunn & Ritch along with Georgia law firm Conley Griggs Partin filed a class action lawsuit on July 18, 2012, against Mercedes-Benz, USA and its German parent corporation Daimler on behalf of thousands of consumers who purchased model year 2003-2009 Mercedes-Benz E-Class vehicles.
See Court Filings
The lawsuit alleges that Mercedes has knowingly concealed a defect in the fuel tank assembly that poses a severe safety risk to consumers even when there is no collision or impact to the vehicle. The defect in the tank causes gasoline vapor leaks inside the vehicle cabin and liquid gasoline leaks outside of the vehicle. Individuals with vehicles affected by this defect have reported strong gas odor in the vehicle following refueling. Others have reported liquid gas pooling onto the ground or other vehicle parts beneath the tank.
The following 2003-2009 Mercedes-Benz models are included in the class action lawsuit:
Here is a video from one class member showing liquid gas pooling on the ground of a 2007 Mercedes E63 AMG:
If you believe that your vehicle is affected by this defect, please contact us here or call toll-free 1-888-388-5088.
If you have not filed a formal complaint with NHTSA regarding your vehicle, please do so immediately. In order to file a complaint, you will only need your vehicle’s VIN number and a description of the problems you are experiencing. You can complete the complaint process online at https://www-odi.nhtsa.dot.gov/VehicleComplaint/index.xhtml or by phone at 1-888-327-4236.