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Judge OKs Ford Mustang Class Action Suit Over Track Performance



Depending on the condition in which the case was certified, the group application can be presented as either a fraud or a breach of warranty due to the cars entering Limp Mode under “normal” conditions. Ford claims that this is a safety feature – that since it is not a malfunction, it does not represent a car failure and is therefore not a justifiable requirement.

However, the judge is not convinced of the guarantee argument. The order to certify the lawsuit specifically calls the lack of coolers a design choice and marks it as an alleged design defect rather than a manufacturing defect, even though consumer protection on this becomes muddy on a state-by-state basis when contacted as a warranty issue. .

“Through product placement in James Bond films and racing partnerships with characters such as Carroll Shelby, Ford has spent half a century cultivating an aura of performance and adventure,”

; Judge Moreno wrote in the order. “But these plaintiffs claim, to Lee Iacocca’s despair, that their cars are more like Pintos than Mustangs.”

It seems that the next step in this long-running lawsuit will be to duke it in court. That alone may be of concern to Ford, given that Hagens Berman – the company that won $ 1.6 billion from Toyota due to accidental acceleration, $ 350 million from GM over the ignition switches and $ 330 million from the FCA (now Stellantis) due to an emissions scandal – leading management case.

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