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A Ford Hybrid class action lawsuit has been put on hold (stayed) while six plaintiffs present their arguments in arbitration.
Ford Hybrid engine problems were found in 2020-2022 Ford Escape Hybrid, 2021-2022 Lincoln Corsair Hybrid and 2022 Ford Maverick Hybrid vehicles equipped with 2.5-liter engines.
Ford recalled the vehicles in July 2022 but estimated only 1% of the recalled vehicles may have Hybrid engine problems. As with many class actions, the lawsuit wasn’t filed until after Ford agreed to repair the vehicles for free.
Ford also later created customer satisfaction program 23N06 to provide a free one-time replacement of the engine long block in the event of a failing connecting rod bearing for up to 100,000 miles or 10 years after the warranty start date.
The first Ford Hybrid engine class action lawsuit was filed a few weeks after Ford’s recall, which caused Ford to file a motion to dismiss. In the motion, Ford told the judge:
“Because Plaintiffs have not attached their lease or sale contracts and have refused to furnish the VINs for their vehicles, Ford has been unable to determine whether any of Plaintiffs’ claims are subject to an arbitration agreement that Ford would be entitled to enforce. . . . For this reason, Ford reserves the right to compel arbitration to the extent any such agreements are revealed during discovery.”
However, the matter of arbitration ended when the judge granted Ford’s motion to dismiss the engine class action.
Things changed after Ford had to issue a second hybrid engine recall. The plaintiffs appealed the dismissal of the class action and the judge vacated his prior order and reopened the case.
In addition, a separate Ford Hybrid engine lawsuit was filed.
Shortly thereafter, the case was reassigned to a new judge and the plaintiffs filed a new Ford Hybrid class action lawsuit.
Within a month of the new lawsuit, Ford requested copies of the sales agreements signed by the plaintiffs regarding any arbitration clauses. But the plaintiffs argued Ford waived any right to arbitration by filing its previous motion to dismiss.
According to Ford, six customers who sued signed binding arbitration agreements which say their claims must be arbitrated and not debated in a lawsuit.
Judge Stephen J. Murphy, III, agreed with Ford by finding the automaker could not have earlier known which plaintiffs signed binding arbitration agreements.
“WHEREFORE, it is hereby ORDERED that Defendant Ford Motor Company’s Motion to Compel Arbitration regarding Plaintiffs Brian Sutton, Jeffrey King, Victoria Adams, Raymond Dyne, III, James Capps, and Joseph Vaillancourt is GRANTED.” — Judge Murphy
The Ford Hybrid engine class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: Anthony Pacheco v. Ford Motor Company.
The plaintiffs are represented by Hagens Berman Sobol Shapiro LLP, and The Miller Law Firm PC.