— A HEMI tick lawsuit will continue in court, but certain claims have been dismissed, including all-important nationwide class action lawsuit claims.
The HEMI engine lawsuit includes these vehicles equipped with Gen III 5.7-liter HEMI or 6.4-liter HEMI 392 V8 engines.
- 2014-2016 Chrysler 300
- 2014-2016 Dodge Challenger
- 2014-2016 Dodge Charger
- 2014-2021 Dodge Durango
- 2014-2022 Jeep Grand Cherokee
- 2014-2020 RAM 1500
- 2014-2022 RAM 2500
- 2014-2022 RAM 3500
Filed as a nationwide class action lawsuit, the five Ram truck owners who sued contend the valve train systems are defective. The defects cause the HEMI engine ticking noise, and the lawsuit alleges the lifters, camshafts and finally the engines may fail.
The HEMI engine problems also cause misfires, rough idling, surging, and along with the tick, drivers may hear chirping or knocking noise.
According to the HEMI tick lawsuit, valve train components create metal shavings (see photo) that circulate throughout the HEMI engine, destroying the engine.
The plaintiffs argue their vehicles have decreased values due to the HEMI tick and its causes. In addition, FCA customers assert they can easily spend thousands of dollars to replace the engines or components.
However, the lawsuit says Chrysler replaces defective parts with equally defective parts, forcing owners into a merry-go-round of expenses.
In 2017, Chrysler issued what it called STAR Case Report S1709000010 regarding the HEMI engines.
“Customer complaints may include abnormal engine noise, rough idle, lack of power, misfire. Upon investigation, it may be found that there is excessive camshaft lobe wear/lifter wear (roller failure) on one or more cam lobes and that camshaft/lifter replacement is necessary. If excessive camshaft lobe wear/lifter wear (roller failure) has been identified, further inspection should be performed before attempting repair. Removal of the Oil Control Vale (OCV) for the Variable Valve Timing (VVT) system should be performed to inspect for debris.” — STAR Case Report S1709000010
According to the engine lawsuit, the STAR report allegedly proves FCA knew the HEMI engines were defective.
Motion to Dismiss the HEMI Tick Lawsuit (Granted in Part)
FCA contends the nationwide class action allegations should be dismissed because the "plaintiffs cannot bring claims on behalf of putative class members unless they have standing to bring those claims themselves.”
However, the plaintiffs argue the issue should be decided later at the class certification stage.
In a big blow to the case, the judge ruled the nationwide class action allegations failed.
“Though some courts, including this one, have delayed their consideration of the issue of standing until a motion for class certification is made, this order of decision-making is not rigid. Plaintiffs do not contend that they have standing to bring claims on behalf of consumers in states in which they do not reside, so Plaintiffs’ nationwide class allegations should be dismissed." — Judge Gregory B. Williams
The judge dismissed unjust enrichment and express warranty claims, but the dismissal was without prejudice which allows the plaintiffs to change and refile their claims.
However, the judge declined to dismiss several claims including fraud-based claims, implied warranty claims, the Magnuson-Moss Warranty Act claim and a Louisiana Product Liability Act claim.
The HEMI tick lawsuit was filed by these Chrysler customers:
- Stephen Freischlag / New Hampshire / 2017 Ram 1500
- Orlando Garcia / Texas / 2016 Ram 1500
- David Kinchen / Louisiana / 2016 Ram 1500
- Shawn Petro / Illinois / 2020 Ram 2500
- Troy Stallings / Illinois / 2014 Ram 3500
The HEMI engine tick lawsuit was filed in the U.S. District Court for the District of Delaware: Petro, et al., v. FCA US LLC.
The plaintiffs are represented by Berger Montague PC, Capstone APC, Kopelowitz Ostrow Ferguson Weiselberg Gilbert, and Gordon & Partners, P.A.
