— A Ford water pump class action lawsuit has been transferred from New York to a Michigan courtroom after Ford argued the case belongs in the Eastern District of Michigan, something the plaintiff opposed.
The original Ford water pump lawsuit was filed on behalf of New York Ford and Lincoln customers with the following vehicles equipped with internal water pumps that allegedly fail prematurely.
- 2007-present Ford Edge
- 2007-present Ford Explorer
- 2007-present Ford Flex
- 2007-present Ford Fusion
- 2007-present Ford Taurus
- 2007-present Lincoln MKT
- 2007-present Lincoln MKX
- 2007-present Lincoln MKZ
New York plaintiff Mark Militello purchased a used 2016 Ford Explorer in March 2019. In September 2019 and when the Explorer had about 61,300 miles on it, the water pump failed which cost the plaintiff about $2,000.
The Ford water pump lawsuit alleges thousands of Ford vehicles in New York are equipped with Cyclone (Duratec) engines that contain the defective water pumps.
The water pump class action lawsuit alleges the water pump itself may cost only about $200, but an owner can expect to pay up to $2,000 because of the time and labor to replace the Ford water pump.
Even inspecting the Ford or Lincoln water pump can allegedly cost $1,000 because multiple parts and components must be removed to reach the water pump.
The water pump class action lawsuit says these parts must be removed to inspect the Ford water pump:
- Passenger front wheel fender liner
- Coolant reservoir
- Air filter box
- Throttle body
- Intake manifold
- Ignition coils
- Valve covers
- Engine mount and bracket
- AC compressor belt
- AC drive tensioner
- Power steering pump
- Crankshaft pulley
- Timing cover
Motion to Transfer the Ford Water Pump Class Action Lawsuit
Ford argued in court the New York water pump class action should be transferred to the U.S. District Court for the Eastern District of Michigan based on a different water pump class action titled, Roe v. Ford Motor Company.
Roe was filed four years before the New York water pump class action lawsuit, and by the same lawyers who filed the New York Ford water pump lawsuit.
"In Roe in which the plaintiffs are represented by same counsel as in the case at bar, the complaint alleges the same defect in Ford's engines as in this case, in wording identical to that of the complaint here. Both complaints also allege that Ford has been aware of the defect but concealed it from purchasers and the general public." — Judge David G. Larimer
The judge references how the water pump class action lawsuit in Roe is brought on behalf of a "Nationwide Class" comprising "[a]ll persons or entities in the United States who purchased, leased or own a Class Vehicle," and eleven sub-classes, each consisting of class members from one of eleven states (which do not include New York)."
Ford argues the Militello claims easily could have been filed in Michigan. Ford further contends the decision to file the Ford water pump class action in New York was "motivated by forum shopping, and a desire to avoid the supervision of the Roe court."
The judge ruled in favor of Ford by saying, "there appears to be no dispute that the complaint in this case could have been brought in the Eastern District of Michigan."
"The existence of the Roe action in Michigan, which was filed over four years before the complaint in this case, also enters into the equation. Generally, when two actions are filed in different districts involving the same parties and subject matter, the litigation should proceed in the district where the first-filed action was brought. What decisively tips the balance in favor of transfer...is the earlier-filed Roe action in Michigan." — Judge Larimer
The New York Ford water pump lawsuit has now been transferred to the Eastern District of Michigan as case number 2:23-cv-11363.
The plaintiff is represented by Robbins Geller Rudman & Dowd LLP, Kessler Topaz Meltzer & Check, LLP, The Miller Law Firm, P.C., Keil & Goodson, P.A., and The Edwards Firm, PLLC.
