December 02, 2019

General Motors LLC is urging a Michigan federal court to throw out a proposed class action accusing the company of selling vehicles with faulty transmissions, arguing consumers couldn't prove the automaker knew about the defects when the cars were sold, among other flaws in the suit.

In its dismissal bid Friday, GM contended the 104 claims brought by the proposed class in a consolidated suit —  including breach of warranty, consumer protection, fraudulent omission and unjust enrichment claims — all fail for a multitude of reasons.

While the consumers allege "hundreds of thousands" of GM vehicles equipped with 8L90 or 8L45 model transmissions suffered from a design flaw, their descriptions of the symptoms experienced by drivers are varied and vague, GM said.

Several suits were consolidated by U.S. District Judge David M. Lawson in September, and Theodore J. Leopold of Cohen Milstein Sellers & Toll PLLC was appointed lead counsel for the proposed class.

On Friday, GM also filed a 585-page answer to the consumers' Sept. 30 amended complaint, denying all allegations against the company and asking the court to enter judgment in its favor on all claims.

The consumers' attorney, Leopold, told Law360 on Friday that they're anxious to respond to GM's dismissal motion and begin the discovery process.

"We look forward to starting discovery so that we can begin to establish with GM's own documents and engineers' testimony just how widespread the transmission defects run across GM's model lines," he said. "Bringing true justice to the entire class that has been damaged is our number one goal."

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