— A GM transmission class action lawsuit will continue for customers in 26 states who drive certain Cadillac, Chevrolet and GMC vehicles equipped with 8L45 and 8L90 automatic transmissions.
Originally, the lawsuit alleged the transmissions had one defect, but now the plaintiffs contend the transmissions have two distinct problems.
Depending on the state, the class action lawsuit is defined as either original purchasers, or “all purchasers and current owners” of these vehicles if purchased from GM dealers before March 1, 2019:
- 2015-2019 Chevrolet Silverado
- 2017-2019 Chevrolet Colorado
- 2015-2019 Chevrolet Corvette
- 2016-2019 Chevrolet Camaro
- 2015-2017 Cadillac Escalade and Escalade ESV
- 2016-2019 Cadillac CTS
- 2016-2018 Cadillac CT6
- 2015-2019 GMC Sierra
- 2015-2017 GMC Yukon and Yukon XL
- 2017-2019 GMC Canyon
As with many automotive class action lawsuits, it appears the transmissions are defective, but only in certain states, specifically these 26 states.
Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington and Wisconsin
The first GM transmission class action lawsuit was filed in April 2019 followed by several more lawsuits.
- Francis v. General Motors
- Shelton v. General Motors
- Ray v. General Motors
- Duffy v. General Motors
- Gutierrez v. General Motors
There was another 8L45 and 8L90 transmission lawsuit but it was sent to arbitration.
In September 2019, the GM transmission class actions were consolidated into one 900-page lawsuit.
The 39 plaintiffs say their transmissions cause their vehicles to “slip, buck, kick, jerk and harshly engage,” and taking the vehicles to dealerships allegedly does nothing to help.
GM knew of a transmission shudder problem and switched automatic transmission fluid to something called Option B, but the plaintiffs assert the new fluid “ultimately was not the fix based on what [GM] determined the root cause [of the shudder] to be.”
In December 2018, GM replaced “Option B” with “Mod1a,” an ATF that “corrected the 8L TCC [torque converter clutch] shudder problem.” This time, both the plaintiffs and GM agreed Mod1a resolved the shudder for new vehicles and for warranty repairs.
However, the transmission class action lawsuit alleges the new transmission fluid was not made available “to all owners of affected vehicles who [] experienced or are likely to experience the defective friction system within the 8L product family automatic transmissions. Instead, GM opted to '[f]lush and [f]ill' unsold vehicles.”
The district court judge granted class action certification for 26 states, causing General Motors to appeal to the Sixth Circuit Court of Appeals.
GM Transmission Class Action Certification Appeal
GM appealed the class action certification for the 26 states by arguing the majority of vehicle owners never had any transmission problems.
The automaker also told the appeals court vehicle owners described various transmission problems which makes it impossible to include all customers with different problems in one class action.
And according to GM, certain vehicle owner claims don't belong in the class action because those customers initially agreed to arbitrate their claims.
The appeals court ruled it saw nothing to conclude the district court abused its discretion when it certified the GM transmission class action lawsuit. The plaintiffs have standing to sue because they claim they paid too much for their GM vehicles, and the class action has now been returned to the lower district court.
The General Motors transmission class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan (Detroit): Speerly, et al., v. General Motors LLC.
The plaintiffs are represented by The Miller Law Firm, P.C., Cohen Milstein Sellers Toll PLLC, Gordon & Partners, Kessler Topaz Meltzer Check LLP, Capstone Law APC, and Berger Montague PC.
