25 Years Of Practice

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].