— A Mitsubishi Outlander hood flutter lawsuit is on hold as a mediator steps into the class action lawsuit which was consolidated from two Mitsubishi hood class actions.
The consolidated class action lawsuit alleges 2022 Mitsubishi Outlander hoods flutter and bounce while driving, a problem the automaker supposedly cannot completely repair.
According to the class action, Mitsubishi knew about the 2022 Outlander hood flutter problem before the SUVs were first sold.
A 2022 Mitsubishi Outlander hood flutter recall is needed, according to the SUV owners who sued. Those plaintiffs assert Mitsubishi should have recalled the 2022 Outlanders shortly after they first were sold.
Instead, the lawsuit says no Mitsubishi Outlander hood recall has been announced as the automaker has issued technical service bulletins (TSBs) to dealerships.
TSB 21-42A-011 addresses Outlander hood flutter if a customer complains about the problem, with dealerships told to replace the original hood with a new improved hood and new weatherstrip. In addition, Mitsubishi offered free loaner/rental vehicles for a maximum of three days during the repairs.
This apparently isn't good enough for the plaintiffs because they contend the TSB repairs “essentially" eliminated the hood flutter but "did not entirely eliminate the Hood Defect."
In addition, the class action alleges the Mitsubishi Outlander hood color may not match the rest of the vehicle. And the lawsuit goes so far as to claim the hood flutter problem is so severe that fuel economy is worse.
Of course, Mitsubishi doesn't see things the same way as the plaintiffs. Although the cases were consolidated, the automaker argues there should be no Outlander hood flutter class action lawsuit at all.
According to Mitsubishi, the 2022 Outlander customers who sued signed valid arbitration agreements which say any problems will be argued in front of an arbitrator, not a federal judge or jury.
Judge Eli J. Richardson has not ruled on the arbitration argument, but the hood flutter lawsuit has been stayed (paused) as the plaintiffs and Mitsubishi filed a joint motion to stay the case pending mediation.
"Accordingly, this case is STAYED pending the Parties' mediation." — Judge Richardson
Even though one Mitsubishi Outlander hood flutter lawsuit had been filed, the same lawyers filed another one, with both consolidated into, "Oral Damocles et al., v. Mitsubishi Motors North America, Inc."
The 2022 Mitsubishi Outlander hood flutter lawsuit was filed in the U.S. District Court for the Middle of Tennessee.
The plaintiffs are represented by the Lafferty Law Firm, Inc., and Lemberg Law, LLC.
