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Kia and Hyundai Vehicle Theft Litigation – Court Grants Preliminary Approval to Class Action Settlement

Judge Selna in the Federal Central District of California granted preliminary approval to a class action settlement offering up to $145 million in cash benefits to class members on October 30, 2023. For historical context, on August 19, 2022, Goldenberg Schneider, LPA, along with co-counsel, filed a class action lawsuit against Hyundai Motor Company, Hyundai Motor America, KIA Corporation, and KIA America, Inc. (“the Defendants”.) Plaintiffs alleged the Defendants failed to include anti-theft immobilizer technology in several million vehicles manufactured and sold by Defendants. The absence of an immobilizer in these vehicles caused a huge surge in stolen Kia and Hyundai vehicles. In December 2022, all of the cases filed nationwide were transferred by the Judicial Panel on Multidistrict Litigation to the Federal District Court in the Central District of California. On July 5, 2023, Judge Selna appointed Jeffrey Goldenberg to the leadership team for this litigation. The settlement benefits available to class members include: (i) up to $145 million for out-of-pocket losses, which would be subject to individual claim caps; (ii) a no cost software upgrade for certain class vehicles that addresses the cars’ lack of an immobilizer (the “software upgrade”); and (iii) up to $300 payments to class members whose class vehicles are not eligible for the software upgrade. Notice of the settlement is expected to be issued to the class around February 27, 2024.

Kia and Hyundai Vehicle Theft Litigation

On August 19, 2023, Goldenberg Schneider, LPA, along with co-counsel, filed a class action lawsuit against Hyundai Motor Company, Hyundai Motor America, KIA Corporation, and KIA America, Inc. (“the Defendants”.) Plaintiffs alleged the Defendants failed to include anti-theft immobilizer technology in several million vehicles manufactured and sold by Defendants. The absence of an immobilizer in these vehicles caused a huge surge in stolen Kia and Hyundai vehicles. In December 2022, all of the cases filed nationwide related to this issue were transferred by the Judicial Panel on Multidistrict Litigation to the Federal District Court in the Central District of California. On July 5, 2023, Judge James Selna appointed Jeffrey Goldenberg to the leadership team for this litigation. A Motion for Preliminary Approval of Settlement was filed on September 27, 2023, and it is currently pending before the Court.

Acura RDX Rear Window Defect Investigation

Goldenberg Schneider is currently investigating a potential defect in 2019-2023 Acura RDX vehicles (the “Vehicles”) that causes the rear windshields to spontaneously shatter or fracture without external impact. According to numerous reports and consumer complaints, the Vehicles’ rear windshields have been known to shatter without warning, startling Vehicle drivers and posing a significant safety hazard to both the Vehicles’ occupants as well as other motorists.

If you or anyone you know owns a 2019-2023 Acura RDX and experienced a spontaneous rear window failure, you can contact Goldenberg Schneider, LPA to learn more about your legal rights by calling 513-982-1569 or by completing the Contact Us form to the right.

Norfolk Southern Train Derailment Litigation

Court Appoints Jeffrey Goldenberg to Executive Committee in East Palestine Norfolk Southern Train Derailment Litigation

More than 30 different class action lawsuits filed against Norfolk Southern as a result of the devastating February 3, 2023 train derailment in East Palestine, Ohio, have been consolidated before Judge Benita Pearson of the U.S. District Court for the Northern District of Ohio. The lead case is Feezle v. Norfolk Southern Railway Co.,No. 4:23-cv-00242 (N.D. Ohio). The Plaintiffs in the lawsuits are local residents and businesses seeking compensation for property damage, ongoing medical monitoring for the community, and punitive damages against the railroad company.

On April 5, 2023, Judge Pearson selected a prestigious slate of plaintiffs’ attorneys to lead the consolidated litigation. The firms appointed include some of the largest and most respected plaintiff law firms in the country. Of the many well-qualified attorneys seeking a leadership role in the litigation, the Court appointed Jeffrey Goldenberg of Goldenberg Schneider to the Plaintiffs’ Executive Committee

Honda Odyssey, Pilot and Passport Defective Infotainment System

Court Preliminarily Approves 2018-2019 Honda Odyssey and 2019 Honda Pilot Infotainment System Defect Settlement

On June 4, 2021, Judge Cormac J. Carney of the U.S. District Court for the Central District of California granted preliminary approval to a nationwide class action settlement negotiated by Goldenberg Schneider and its co-counsel in Conti v. America Honda Motor Co., Inc., C.D. Cal. 2:19-cv-02160-CJC(GJSx). In the case, plaintiffs alleged that America Honda Motor Co., Inc. (“AHM”) knowingly sold its 2018-2019 Honda Odyssey and 2019 Honda Pilot and Passport vehicles with defective infotainment systems that behaved erratically, malfunctioned, and repeatedly froze, thereby distracting the driver and posing a safety hazard. Since the lawsuit was filed, AHM has issued recalls, Service Bulletins, and software updates intended to address the infotainment systems’ problems.

The proposed Settlement calls for an independent engineering expert to validate the efficacy of the countermeasures that AHM has developed; facilitates the implementation of these countermeasures in the field; provides a two-year/24,000 mile warranty extension covering these issues; obligates AHM to work in good faith to continue to improve Infotainment System performance at least through the extended warranty period; creates a Dealership Assistance and Assessment Program (the “DAAP”) that will direct AHM’s authorized dealerships to undergo additional training and to repair or address infotainment system problems described by the vehicle owner even when the problem does not manifest during the service visit; creates the Infotainment System Online Resource to, among other things, inform Settlement Class Members about the countermeasures now available and the symptoms they are designed to address and permit Settlement Class Members to report directly to AHM any new Infotainment System symptoms or problems they may experience; provides a mechanism to compensate qualifying Settlement Class Members for the inconvenience and hassle they may have experienced because of relevant Infotainment System problems, including two free years of HondaLink Security Service or one year of SiriusXM Select; and provides a mechanism for qualifying Settlement Class Members to receive full reimbursement for eligible out-of-pocket expenses. Further, the Proposed Settlement provides a mechanism for AHM to separately pay reasonable attorneys’ fees and costs and Plaintiff service awards so that these payments will not dilute any of the benefits available to the Class.

The Court has scheduled a Final Approval Hearing for January 4, 2022. Additional information about the settlement and instructions on how to submit a claim for benefits can be found at www.infotainmentsettlement.com.

2019-2020 Acura RDX Infotainment System Defect Class Action

Court Grants Final Approval to 2019-2020 Acura RDX Infotainment System Defect Settlement.

On December 6, 2021, Judge R. Gary Klausner of the U.S. District Court for the Central District of California granted final approval to a nationwide class action settlement negotiated by Goldenberg Schneider and its co-counsel in Bahn v. America Honda Motor Co., Inc., C.D. Cal. 2:19-cv-05984-RGK (ASx). In the case, plaintiffs alleged that America Honda Motor Co., Inc. (“AHM”) knowingly sold its 2019-2020 Acura RDX vehicles with defective infotainment systems that behaved erratically, malfunctioned, and repeatedly froze, thereby distracting the driver and posing a safety hazard. Since the lawsuit was filed, AHM has issued recalls, Service Bulletins, and software updates intended to address the infotainment systems’ problems.

The Settlement requires an independent engineering expert to validate the efficacy of the countermeasures that AHM has developed; facilitates the implementation of these countermeasures in the field; provides a two-year/24,000 mile warranty extension covering these issues; obligates AHM to work in good faith to continue to improve Infotainment System performance at least through the extended warranty period; creates a Dealership Assistance and Assessment Program (the “DAAP”) that will direct AHM’s authorized dealerships to undergo additional training and to repair or address infotainment system problems described by the vehicle owner even when the problem does not manifest during the service visit; creates the Infotainment System Online Resource to, among other things, inform Settlement Class Members about the countermeasures now available and the symptoms they are designed to address and permit Settlement Class Members to report directly to AHM any new Infotainment System symptoms or problems they may experience; provides a mechanism to compensate qualifying Settlement Class Members for the inconvenience and hassle they may have experienced because of relevant Infotainment System problems, including two free years of AcuraLink Security Service (valued at $89 per year); and provides a mechanism for qualifying Settlement Class Members to receive full reimbursement for eligible out-of-pocket expenses. Further, the Proposed Settlement provides a mechanism for AHM to separately pay reasonable attorneys’ fees and costs and Plaintiff service awards so that these payments will not dilute any of the benefits available to the Class.

The settlement successfully resolved claims for the approximately 130,000 class members who purchased or leased 2019-2020 Acura RDX vehicles. Additional information about the settlement and instructions on how to submit a claim for benefits can be found at www.infotainmentsettlement.com.

In re Hudson’s Bay Company Data Security Settlement

If you used a credit, debit, or other payment card (other than a Saks First branded credit card) at a Saks, Saks OFF 5TH, or Lord & Taylor store in the United States and in U.S. territories between May 1, 2017 and April 1, 2018, you may be eligible for benefits from a data breach class action settlement. If you are a Settlement Class Member, you may be eligible for a $30.00 cash payment for time spent monitoring or addressing the Data Breach, and you may also be eligible for reimbursement of actual documented unreimbursed out-of-pocket expenses caused by the Data Breach, up to $5,000.

A settlement (the “Settlement”) has been proposed with Hudson’s Bay Company ULC (formerly known as Hudson’s Bay Company), Saks Incorporated, Saks Fifth Avenue LLC, Saks & Company LLC, and Lord & Taylor LLC (“Defendants”) in lawsuits asserting claims against Defendants relating to a data security incident that occurred between May 1, 2017 and April 1, 2018, arising from a third-party criminal cyberattack involving the placement of malware on Defendants’ point of sale systems targeting customers’ payment card information (the “Data Breach”). Defendants deny all of the claims. The Settlement does not establish who is correct and is not an admission of fault, but rather is a compromise to end the lawsuit.

The Settlement includes, subject to certain limitations, all persons who used their credit, debit or prepaid debit card (other than a Saks First branded credit card) at a Saks, Saks OFF 5TH, or Lord & Taylor store in the United States and in U.S. territories between May 1, 2017 and April 1, 2018 (the “Settlement Class”).

The Final Approval Hearing was held at 2:30 p.m. on January 11, 2022. The Court reserved decision and the hearing has been continued to March 1, 2022 at 3:00 p.m.

Additional information about the settlement and instructions on how to submit a claim for benefits can be found at https://hbcsettlement.com or you may contact the settlement administrator at:

HBC Claims Administrator
P.O Box 2005
Chanhassen, MN 55317-2005

By E-Mail:

[email protected]

By Phone:

1-877-805-1278

PLEASE DO NOT CONTACT THE COURT

Please note the deadline to file a claim is January 31, 2022.

Mercedes Diesel Emissions Class Action

Goldenberg Schneider, working with co-counsel from Hagens Berman Sobol Shapiro, Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. and SeegerWeiss, have settled the Mercedes Blue-Tec Engines Diesel Emissions Fraud litigation. The settlement with Mercedes Benz is valued at more than $700 million and provides substantial benefits to nearly 250,000 owners and lessees of affected diesel Mercedes vehicles. The lawsuit was originally brought in 2016 in the U.S. District Court for the District of New Jersey. The lawsuit alleges that Mercedes-Benz USA teamed up with Robert Bosch GmbH to program its BlueTEC vehicles to release illegally high, dangerous levels of emissions via a “defeat device,” similar to that used by Volkswagen Group that sparked its emissions cheating scandal. Such defeat devices turn off or limit emissions reductions during real-world driving conditions but not during vehicle emissions tests. A defeat device allows a vehicle to pass government emissions testing while exceeding pollution standards under real-world driving conditions. The complaint accuses Mercedes of deceiving consumers with false representations of its BlueTEC vehicles, which it marketed as “earth-friendly.”

If the settlement is approved by the court, owners of affected Mercedes diesel vehicles may receive the following:

• An Approved Emissions Modification (AEM) free of charge and an extended modification warranty. From a separate settlement with federal and California regulators, these benefits are available even if you do not participate in the class action.

• Protection pending the modification’s effects to your vehicle. AEMs installed in affected vehicles will come with additional protection, should the AEM affect your vehicle’s performance. Affected owners are slated to receive compensation depending on whether the AEM affected fuel economy, horsepower, torque and/or other aftereffects of the emissions modification. Owners may also be able to receive payment for transportation costs in the event their installation of an AEM takes more than three hours to complete.

• Payment for Mercedes’ diesel emissions deficiencies. Under the settlement, current owners and lessees can receive $3,290 if no former owner/lessee submits a claim for the same vehicle. If a former owner/lessee does submit a claim for the same vehicle, current owners and lessees can receive $2,467.50. Former owners and lessees can receive $822.50, divided equally among former owners/lessees who submit claims for the same vehicle.

• Additional payment. For current owners and lessees who have an AEM installed, additional payments may be available under various circumstances. Owners may also receive additional payment if an AEM is not available by October 2022.

More information can be found at the settlement website, www.mbbluetecsettlement.com. You can contact the attorneys at Goldenberg Schneider, LPA, by calling 513-982-1569 or sending an email to [email protected].

Luminox Watch Class Action

Goldenberg Schneider recently filed a class action lawsuit against Lumondi, dba Luminox Watch Company, in the United District Court for the Southern District of New York. Advertised as “The Official Watch of the Navy SEALs,” Lumondi markets Luminox watches to military service members, scuba divers, first responders, athletes and “rugged outdoorsmen” seeking “extreme performance” from their timepieces. However, the lawsuit alleges that Luminox watches contain a defect that causes their watch faces to fog when worn outdoors in either cold or hot temperatures. As a result of the fogging defect, Luminox watches exposed to outdoor temperatures below approximately 40 degrees Fahrenheit or above approximately 90 degrees Fahrenheit remain cloudy until the watches return to room temperature. Lumondi has acknowledged the fogging defect but shockingly defends it as being “normal.” The fog that forms underneath the watch face is not only unsightly, but can also render the watches substantially unreadable.

If you or anyone you know purchased a Luminox watch and would like additional information about your legal rights, we would be pleased to discuss the matter with you. You can contact the attorneys at Goldenberg Schneider, LPA, by calling 513-982-1569 or sending an email to [email protected].

Automotive Parts Antitrust Litigation

Goldenberg Schneider has joined forces with attorneys from Spector Roseman & Kodroff, PC, and others in prosecuting putative class actions against some of the largest suppliers of automotive parts alleging that they have engaged in a large-scale, decade-long conspiracy to unlawfully fix and artificially raise automotive part prices. These massive price-fixing class actions are being brought on behalf of direct purchasers who were overcharged for various kinds of automotive parts, including wire harness products, heater control panels, instrument panel clusters, fuel senders, occupant safety restraint system products, bearings, air conditioning systems, starters, windshield wiper systems, windshield washer systems, spark plugs, oxygen sensors, fuel injection systems, alternators, ignition coils, and power window motors.

All cases are pending before Judge Marianne Battani in the United States District Court for the Eastern District of Michigan in Detroit. See In re Automotive Parts Antitrust Litigation, Case No. 2:12-md-02311-MOB-MKM. Goldenberg Schneider and its fellow counsel representing the Direct Purchaser Plaintiffs have defeated all motions to dismiss filed to date in all product cases and reached settlements with four defendants totaling approximately $53 million. The U.S. Department of Justice, the Japan Fair Trade Commission, and the European Commission continue to investigate the Automotive Parts industry, and criminal fines levied total $2.5 billion to date, with thirty-five companies and twenty-nine executives having pleaded guilty or having agreed to plead guilty in the United States. You can contact the attorneys at Goldenberg Schneider, LPA, by calling 513-982-1569 or sending an email to [email protected].

Midwestern Pet Foods Contaminated Pet Food Class Action

On August 21, 2023, Judge Matthew P. Brookman of the U.S. District Court for the Southern District of Indiana granted final approval to a $6,375,000 settlement negotiated by Goldenberg Schneider as one of the Co-Lead Class Counsel in In re Midwestern Pet Foods Marketing, Sales Practices and Product Liability Litigation, No. 3:21-cv-00007-RLY-MPB. Midwestern Pet Foods, Inc. (“Midwestern”) is a manufacturer and seller of pet foods, including the Sportmix and Pro Pac brand pet foods.* The plaintiffs alleged that despite its representations and express warranties regarding the safety and quality of these pet foods and the manufacturing processes used to create them, Midwestern sold dog and cat food containing dangerous levels of Aflatoxin and Salmonella. Aflatoxin is a toxin produced by the mold Aspergillus flavus and can grow on corn and other grains used as ingredients in pet food. At high levels, aflatoxin can cause illness or death in pets. Pets with aflatoxin poisoning may experience symptoms such as sluggishness, loss of appetite, vomiting, jaundice (yellowish tint to the eyes, gums or skin due to liver damage), and/or diarrhea. In some cases, this toxicity can cause long-term liver issues and/or death. Some pets suffer liver damage without showing any symptoms.

With final approval, the proposed Settlement creates a $6,375,000 Settlement Fund to compensate purchasers of the recalled pet food products for Pet Injury Claims and Consumer Food Purchaser Claims. Settlement Class members who submitted valid Pet Injury Claims are eligible to receive payments for illness, injuries or death to pets, including medical and treatment expenses, funeral/cremation costs, and other losses related to injured, sick or dead breeding animals. Settlement Class Members who submitted a valid Consumer Food Purchaser Claim supported by documentation (e.g., receipts, invoices, proof of payment) will receive a full refund, whereas Settlement Class members who submitted a valid Consumer Food Purchase Claim that is not supported by documentation will receive $25 for each bag of Midwestern Pet Products purchased, up to two bags (or up to $50). These payment amounts may be reduced depending on the number of valid claims submitted. The deadline to submit claims was August 3, 2023.

A full list of products covered by the proposed settlement can be found at https://www.mwpfsettlement.com/Home/Documents

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