fbpx

Navistar Failure with ProStar MaxxForce Engines Class Action

When Navistar, Inc. introduced its ProStar MaxxForce 13-liter diesel engine, it touted its new Exhaust Gas Recirculation (EGR) emissions control system. However, the complaint for this class action alleges that Navistar made misleading statements in marketing the engines. It says the EGR systems did not work properly, and the engines have “chronic malfunctions and breakdowns.”

The Purchser Class for this action is all entities and natural persons in the US, including its territories and the District of Columbia, who, between November 1, 2010 and April 30, 2013, bought a ProStar vehicle equipped with a MaxxForce 13-liter diesel engine and that was subject to one or more engine repairs that were covered by Navistar’s New Vehicle Limited Warranty during the vehicle’s initial five years of service or 100,000 miles, whichever comes first, that involved the fuel injector, EGR valve, cooler or other EGR system components, or the turbocharger. A Lessee Subclass has also been defined.

The Environmental Protection Agency (EPA) put new standards for emissions into effect in 2010. Two types of technology attempted to meet these standards. The one chosen by Navistar was EGR. The other was something called Selective Catalytic Reduction (SCR).

Navistar claimed its EGR technology had attained compliance with EPA standards. But the complaint says this was not true, and that, by the beginning of the class period above, “it was known by top management and other key personnel at Navistar that its decision to proceed with EGR and differentiate its diesel emission control technology was a failure that would result in significant warranty and performance exposure…” Navistar, the complaint contends, “willfully and intentionally concealed” this from those buying and leasing its trucks.

At the beginning of the class period above, when the new EPA standards had been in effect for ten months, Navistar still was not able to file an application to get EPA certification of its engine.

How did Navistar get away with selling the trucks anyway? The complaint alleges that “Navistar employed an initial strategy … of using ‘credits’ previously accrued during earlier times with other engines and, when [Navistar] exhausted its credits, commenced the payment of a non-compliance fine … for each non-conforming MaxxForce 13-liter diesel engine sold or leased in the continental United States.”

Even so, Navistar’s then-CEO claimed, the complaint says, “that Navistar had achieved an engineering breakthrough, having developed an EPA-compliant EGR engine that was ready for submission to the EPA and that certification was an effective certainty.”

“In fact,” the complaint alleges, “the EGR technology was never ready for regular commercial use… Navistar would shortly exhaust its EPA ‘credits’ … and would adopt the very SCR technology used by competitors and persistently denigrated by Navistar management.”

The failure, the complaint says, “result[ed] in a patchwork, compromised engine” with “a need for repairs and additional enhancement.”

The counts include breaches of warranties.

Article Type: Lawsuit
Topic: Automobile

Most Recent Case Event

Navistar Failure with ProStar MaxxForce Engines Complaint

October 6, 2014

When Navistar, Inc. introduced its ProStar MaxxForce 13-liter diesel engine, it touted its new Exhaust Gas Recirculation (EGR) emissions control system. However, the complaint for this class action alleges that Navistar made misleading statements in marketing the engines. It says the EGR systems did not work properly, and the engines have “chronic malfunctions and breakdowns.”

Navistar Failure with ProStar MaxxForce Engines Complaint

Case Event History

Navistar Failure with ProStar MaxxForce Engines Complaint

October 6, 2014

When Navistar, Inc. introduced its ProStar MaxxForce 13-liter diesel engine, it touted its new Exhaust Gas Recirculation (EGR) emissions control system. However, the complaint for this class action alleges that Navistar made misleading statements in marketing the engines. It says the EGR systems did not work properly, and the engines have “chronic malfunctions and breakdowns.”

Navistar Failure with ProStar MaxxForce Engines Complaint
Tags: Defective Automobile, Engine Defects, Trucks