— A Ford 10-speed transmission lawsuit is being argued in court as Ford tries to convince the judge to dismiss the entire class action.
So far, the plaintiffs have voluntarily dropped a few of their claims.
The Ford 10-speed transmission class action lawsuit alleges the 10R80 transmissions are defective in these vehicles.
- 2017 to present Ford Expedition
- 2017 to present Ford Mustang
- 2017 to present Ford Ranger
- 2017 to present Ford F-150
- 2017 to present Lincoln Navigator
The plaintiffs allege Ford has known since 2018 about transmissions that cause erratic shifting, jerking, lunging, hesitating and clunking. Ford allegedly issued the first technical service bulletin in 2018 regarding F-150s that experienced delayed shifting. Dealers were told to update the powertrain control modules.
The 10-speed transmission lawsuit alleges Ford continued to issue TSBs about 10R80 transmissions, and the typical response was for Ford to update the powertrain control modules.
Ford allegedly contends the transmission adaptive shift strategy allows the computer to learn the shift patterns of drivers which improves shift quality.
The plaintiffs argue Ford has never issued a 10-speed transmission recall or offered adequate repairs to owners.
Motion to Dismiss the Ford 10-Speed Transmission Lawsuit
Ford begins by claiming the express warranty claims of four plaintiffs should be dismissed because they don't allege they tried to get their vehicles repaired while under the warranties.
The automaker also asserts the plaintiffs fail to plead their Ford vehicles are unfit for ordinary purposes because the vehicles provide safe, reliable transportation.
Ford argues the plaintiffs have continued to drive their vehicles, so claims for breach of the implied warranty of merchantability must be dismissed.
In addition, Ford says the F-150’s 3.5L Ecoboost engine with the 10R80 10-speed transmission provides “on-demand power with virtually no lag.”
According to Ford, the Expedition “wide 7.4:1 gear ratio helps smooth out the steps between gears,” and the 10-speed transmission is designed to engage “the right gear at the right time to deliver the performance you seek.”
Ford goes on to argue Magnuson-Moss Warranty Act claims must be dismissed because the Act requires 100 named plaintiffs which the lawsuit does not provide.
And according to the 10-speed transmission lawsuit, the plaintiffs fail to adequately allege fraudulent misrepresentation. Specifically, Ford asserts the plaintiffs haven't alleged, "the time, place and content of the alleged false representation.”
In its motion, Ford tells the judge the class action does not allege the automaker knew about any alleged transmission defects, and Ford doesn't owe the plaintiffs any duty to disclose the alleged 10-speed transmission defects.
The Ford 10-speed transmission lawsuit was filed in the U.S. District Court for the District of Massachusetts (Eastern Division): Daniel McCabe v. Ford Motor Company.
The plaintiff is represented by Milberg Coleman Bryson Phillips Grossman, PLLC, The Carlson Law Firm, P.C., Brent Coon & Associates, and Wallace Miller LLP.
