FCA Monostable Gearshift Litigation

Department of Motor Vehicle registration records show that you are a current owner or lessee of a Class Vehicle. The notice explains that the Court has ordered, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the deadlines set forth in the notice. Judge David M. Lawson, of the United States District Court for the Eastern District of Michigan is overseeing this class action. The action is titled In re: FCA US LLC Monostable Electronic Gearshift Litigation, Case No. 2:16-md-02744-DML-DRG.

A copy of the notice can be found here.

Plaintiffs in this case are Casey E. Perkins, David Goldsmith, Michael Vincent Nathan Jr., Debra Felker, Sarah Lalli, Kean McDonald, Pamela Havnen, Dustin Stewart, Charles Frank Schultz, Bernadine Hartt, Scott Michael Youngstrom Jr., Todd Machtley, Melvin Scott, Eliam M. Marrero Bernal, Clare Colrick, John Lynd, Janella Mack, Jacob Gunnells, Danielle and Joby Hackett, Todd Fisher, John and Mary Metzger, Robert F. Hyatt IV, Cameron Phelps, Kelli Foreman, Krystal Dial, Trevor Marble, Karen Stedman, Cameron Webster, and Ann Magnuson. They allege, on behalf of themselves and other similarly situated persons that 2012-2014 Dodge Chargers, 2012-2014 Chrysler 300s, or 2014-2015 Jeep Grand Cherokees were defectively designed because they were equipped with a Monostable shifter that was confusing and unintuitive for drivers. The Monostable shifter provides insufficient tactile and visual cues to the driver causing drivers to believe they had achieved their intended gear position when, in fact, they had not. As a result, the Class Vehicles are prone to unintended rollaway causing damage to property, injury, and, in some cases, death.

Plaintiffs assert that the danger posed by unintended rollaway render the Class Vehicles unreasonably dangerous and unfit for their ordinary use. Plaintiffs further assert that FCA US had knowledge of this defect before the Class Vehicles were put to market and concealed key information to the public. Finally, Plaintiffs assert that a recall repair implemented by FCA US to install an “autopark” feature is insufficient because drivers are still uncertain as to whether or not they have achieved their intended gear position.

Plaintiffs assert that FCA US violated several states’ consumer protection and breach of implied warranty laws. Plaintiffs also bring claims for fraudulent concealment and unjust enrichment.

The company Plaintiffs sued (in this case FCA US LLC) is called the “Defendant.” Defendant denies they have acted unlawfully or improperly, denies that the class certification is appropriate, and further denies Plaintiffs and the Class are entitled to any relief. Defendant asserts that once users become familiar with the shifter, the chance of a mistake being made is no greater for Class Vehicles than vehicles with other types of shifters. FCA US further contends that, once a Class Vehicle receives a recall remedy, if a mistake is made while shifting to park, the vehicle will automatically shift into park if the driver attempts to exit the vehicle. A copy of the Defendant’s answer is available on this website. To view the court documents and other forms, click here.

In a class action lawsuit, one or more people called “Class Representatives” (in this case Casey E. Perkins, David Goldsmith, Michael Vincent Nathan Jr., Debra Felker, Sarah Lalli, Kean McDonald, Pamela Havnen, Dustin Stewart, Charles Frank Schultz, Bernadine Hartt, Scott Michael Youngstrom Jr., Todd Machtley, Melvin Scott, Eliam M. Marrero Bernal, Clare Colrick, John Lynd, Janella Mack, Jacob Gunnells, Danielle and Joby Hackett, Todd Fisher, John and Mary Metzger, Robert F. Hyatt IV, Cameron Phelps, Kelli Foreman, Krystal Dial, Trevor Marble, Karen Stedman, Cameron Webster, and Ann Magnuson) sue on behalf of themselves and on behalf of other people who have similar claims ("the Class").

A jury will hear the evidence and arguments presented by both sides and will answer the certified questions. The Class Representatives are obligated to represent the Class and will seek to prove their positions regarding the certified questions on behalf of themselves and the Class. FCA US will seek to rebut Plaintiffs’ positions and advance its own positions on the certified questions. Once the jury or Judge answers the certified questions, everyone in the Class will be bound by those findings. The Court will then make a determination on whether additional proceedings are necessary and what they should entail.

The Court has decided that this lawsuit can be a class action and move toward a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, this lawsuit has been conditionally certified under Federal Rule of Civil Procedure 23(b)(3) and (c)(4) for determination of the following questions:

• Whether the Monostable shifter has a design defect that renders the Class Vehicles unsuitable for the ordinary use of providing safe transportation.
• Whether FCA US knew about the defect and concealed its knowledge from buyers of the Class Vehicles.
• Whether information about the defect that was concealed would be material to a reasonable buyer.

The Court and a jury will hear the evidence and arguments presented by both sides and will decide who should prevail on each of these three issues. Subsequent to that determination, the Court will determine what additional proceedings, if any, are appropriate.

More information about why the Court certified this lawsuit as a class action is in the Court’s December 9, 2019, Opinion and Order, which is available on this website. To view the court documents and other forms, click here.

Defendant asserts that once users become familiar with the shifter, the chance of a mistake being made is no greater for Class Vehicles than vehicles with other types of shifters. Defendant further contends that, once a Class Vehicle receives a recall remedy, if a mistake is made while shifting to park, the shifter will in most cases automatically shift to park and eliminate the risk of a rollaway.

The Court has not decided whose position on the certified questions is correct. That will be done through future proceedings in the case. By establishing the Class and authorizing the notice, the Court is not suggesting that Plaintiffs will win or lose this case. Plaintiffs must prove their position on the certified questions at the upcoming trial described above. FCA US will have an opportunity to rebut Plaintiffs’ position and advance its own position on the certified questions.

Plaintiffs ultimately seek an award for damages, including payment by FCA US to the Class for the difference vehicle owners would have paid had the defect been disclosed, costs of repair, legal fees and costs, and other relief sufficient to compensate for FCA US’s unlawful acts. These requests have not been certified for class-wide treatment, however, and will not be addressed at the upcoming trial described above.

No benefits are available now. There has not yet been a decision on the three questions that have been certified for class treatment. There is no guarantee that benefits will ever be obtained. Once the certified questions are answered, and if you have not excluded yourself from the Class, you will be notified if benefits might be available and what you must do to claim them.

The Court conditionally certified a “Class” consisting of all persons or entities who meet the following requirements:

All persons or entities who have purchased or leased a Class Vehicle, which means a 2012-2014 Dodge Charger, 2012-2014 Chrysler 300, or 2014-2015 Jeep Grand Cherokee equipped with a Monostable shifter, where the vehicle was purchased in Arizona, California, Colorado, Florida, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Utah, Washington, or Wyoming, but excluding every person who has brought a claim against FCA US, LLC alleging recovery for bodily injuries caused by those vehicles under any legal theory.

You are a member of the Class if Department of Motor Vehicle registration records indicate that you have purchased or leased a 2012-2014 Dodge Charger, 2012-2014 Chrysler 300, or 2014-2015 Jeep Grand Cherokee equipped with a Monostable shifter, where the vehicle was purchased in Arizona, California, Colorado, Florida, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Utah, Washington, or Wyoming.

If you are still not sure if you are included in the Class, you can call the Notice Administrator toll-free at 1-833-991-1540 who may be able to answer some of your questions. The Notice Administrator cannot provide legal advice. Or you may call or write to the lawyers representing the Class in this case at the phone number or addresses listed in Sections 13 and 16 below.

If you do nothing, you will remain a member of the Class. You do not need to do anything at this time. If you remain a Class member, you and FCA US will be bound by the jury or Court’s answers to the questions identified above and you keep the possibility of getting money or benefits that may be available in the future. But, you may give up any rights you have to sue FCA US separately concerning the same legal claims in this lawsuit. You will be bound by the outcome of any trial, whether Plaintiffs win or lose.

Requests for exclusion from the Class are no longer being accepted. The postmark deadline for submitting a request for exclusion was June 8, 2020.

If you have questions, you can call the Class Action Administrator, toll free at 1-833-991-1540.

Yes. The Court has appointed E. Powell Miller of the Miller Law Firm, P.C., Steve Berman of Hagens Berman Sobol Shapiro LLP, Joseph Meltzer of Kessler Topaz Meltzer & Check, LLP, Daniel E. Gustafson of Gustafson Gluek PLLC, Robert K. Shelquist of Lockridge Grindal Nauen P.L.L.P., and Gregory F. Coleman of Greg Coleman Law PC as “Class Counsel.” You may contact Class Counsel by calling 1-800-635-9212.

E. Powell Miller, Sharon S. Almonrode, Emily E. Hughes, Dennis A. Lienhardt, William Kalas Miller Law Firm P.C. 950 W. University Drive, Suite 300 Rochester, MI 48307  FCAMonostable@millerlawpc.com	Steve W. Berman Christopher R. Pitoun Hagens Berman Sobol Shapiro LLP 301 North Lake Avenue, Suite 920 Pasadena, CA 91101  FCAMonostable@hbsslaw.com	Joseph H. Meltzer Tyler S. Graden Kessler Topaz Meltzer & Check, LLP 280 King of Prussia Road Radnor, PA 19087
Daniel E. Gustafson, Jason S. Kilene, David A. Goodwin, Raina C. Borrelli Gustafson Gluek PLLC Canadian Pacific Plaza 120 S. Sixth St. Suite 2600 Minneapolis, MN 55402	Robert K. Shelquist Rebecca A. Peterson Lockridge Grindal Nauen P.L.L.P. 100 Washington Ave., Suite 2200 Minnesota, MN 55402	Gregory F. Coleman, Lisa A. White, Mark E. Silvey, Adam E. Edwards Greg Coleman Law PC First Tennessee Plaza 800 S. Gay Street, Suite 1100 Knoxville, TN 37929

If you wish to remain a Class member, you do not need to hire your own lawyer because Class Counsel is working on your behalf. You may make an appearance in the case through another attorney if you choose. You will need to decide whether to hire your own attorney at your own cost.

If Plaintiffs and Class Counsel obtain benefits for the Class, they will ask the Court for fees and expenses. You will not have to pay these fees and expenses.

The Notice contains a summary of relevant Court papers. To view the Notice as well as other court documents and forms, including the Court’s Order on Class Certification, the Second Amended Class Complaint, and Defendants’ Answer, click here. Please check the website regularly for updated information regarding the lawsuit. You may also access the Court's publically available legal files at the U.S. District Court for the Eastern District of Michigan in Detroit, Michigan.

You can call the Notice Administrator, toll free at 1-833-991-1540. You may also contact Class Counsel by calling 1-800-635-9212.

PLEASE DO NOT CONTACT THE COURT REGARDING THE NOTICE YOU RECEIVED.