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,”
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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