In August 2009, Chimicles & Tikellis filed a proposed class action lawsuit against Volvo Cars of North America, LLC and Volvo Car Corporation (together, “Volvo”) in the United States District Court for the District of New Jersey related to the alleged transmission defect in the model years 2003-2005 XC90 Turbo 6-cylinder (T6) SUV. In this lawsuit, Plaintiffs alleged that these vehicles are predisposed to transmission slippage, premature clutch wear, overheating, and other problems that ultimately result in serious and expensive damage to the vehicles’ transmission. This case is a class action suit seeking to represent a nationwide class of consumers who are the current and former owners and/or lessees of Volvo MY 2003-2005 XC90 T6 vehicles equipped with a General Motors transmission.
On July 21, 2010, Judge Cavanaugh of the United States District Court for the District of New Jersey issued an opinion denying, in part, Volvo’s motion to dismiss our case. Afterwards, the parties reached a tentative settlement and Plaintiffs filed a motion in support of preliminary settlement approval with the Court on April 3, 2012. On June 25, 2012, the Honorable Claire C. Cecchi of the United States District Court, District of New Jersey, entered an Order preliminarily approving the proposed settlement. The Court held that, upon preliminary examination, the settlement appears fair, reasonable, and adequate for all Class Members, and that the Class should receive notice of the settlement and be provided the opportunity to include or exclude themselves from or object to the settlement. The final approval hearing was held on October 4, 2012 in the United States District Court for the District of New Jersey. The next step will be for the Court to issue an opinion either accepting or rejecting the proposed settlement.
The proposed settlement class includes people in the United States who are current and former owners and lessees of model years 2003-2005 Volvo XC90 T6 Vehicles. This means that even if you no longer own or lease a Volvo XC90 T6 but paid for transmission rebuild(s) and/or replacement(s) during the period of time you did own or lease it, you may qualify for benefits under this settlement.
You must submit a Claim Form postmarked no later than November 7, 2012 to be eligible for any compensation under the settlement. Downloadable versions of the Claim Form and Notice are available below:
To view the motion for the final approval of the settlement click here.
To view the Plaintiffs’ fee petition click here.
If you have experienced transmission problems with your 2003-2005 Volvo XC90 T6 vehicle and have questions about the settlement then please contact the following attorneys: