— A Chrysler Pacifica Hybrid class action lawsuit has been put on hold as some of the plaintiff's claims have been sent to arbitration.
According to the plaintiffs, the Pacifica Hybrid minivans, “contain a defect in the propulsion system that can cause the vehicle to experience an immediate shutdown of motive power while the vehicle is being driven.”
The lawsuit was filed weeks after Fiat Chrysler recalled 2017-2023 Pacifica Hybrids for problems that could cause the minivans to shut down.
The Chrysler Pacifica Hybrid problems are caused by internal transmission wire connectors that can short-circuit and cause the engines to lose power and shut down.
Like numerous automotive class actions, this one wasn't filed until after FCA recalled the minivans, but more than 30 plaintiffs allege Chrysler knew about and concealed the Pacifica Hybrid problems before the minivans were even sold.
The class action also alleges the recall repairs won't truly repair the minivans.
According to the Pacifica Hybrid lawsuit, Chrysler should offer every customer a buyback of their minivan at the Blue Book value on the day before the recall was announced.
Chrysler Pacifica Hybrid Lawsuit — Motion to Compel Arbitration
According to FCA, certain plaintiffs should be sent to arbitration and the Pacifica Hybrid class action lawsuit should be dismissed.
Chrysler told the judge 12 plaintiffs signed sales contracts that included valid arbitration agreements, and one plaintiff should be compelled to mediate his claims.
Judge Jonathan J.C. Grey ruled FCA, "has provided sufficient evidence to prove that plaintiffs’ arbitration agreements 'clearly and unmistakably' show an intent to arbitrate issues of arbitrability. Thus, the arbitrator must decide whether the parties’ present dispute falls under the arbitration agreement."
"In sum, it is undisputed that the above plaintiffs’ arbitration agreements contain clear delegation clauses, and the language in the agreement is clear and unmistakable evidence that the authority to decide issues regarding the scope, enforceability, and applicability of the arbitration agreement are delegated to the arbitrator." — Judge Grey
As for one plaintiff, the judge found the sales contract signed by the plaintiff sets forth mediation.
The judge granted FCA's motion to compel arbitration for 12 plaintiffs, but denied the motion to dismiss the class action lawsuit. For the remaining plaintiffs, the class action lawsuit is stayed for now.
The Chrysler Pacifica Hybrid class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan (Southern Division): Kappes, et al., v. FCA US, LLC.
The plaintiffs are represented by Hagens Berman Sobol Shapiro LLP, and The Miller Law Firm.
