Cohen Milstein was one of the principal counsel in a case filed on behalf of 2003 and 2004 model year Honda Element SUVs.  The case settled and provided that Honda would no longer:

  • use the "pen test" to determine whether it will replace cracked windshields in Class Vehicles; therefore, such cracks will be repaired free of charge within six years or 60,000 miles of initial sale, absent any open or obvious condition that would obviate coverage (such as a crack caused by a collision with another vehicle or other large object); and
  • Class Members who established that they incurred out-of-pocket losses relating to the repair or replacement of their windshield that cracked within six years or 60,000 miles of the initial sale of a Class Vehicle (whichever comes first) were reimbursed by Honda for the cost of the windshield and the labor to install it.