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A Ferrari class action lawsuit will move forward in court, but not as a nationwide class action, at least for now.
The Ferrari class action lawsuit was filed just weeks after Ferrari announced a brake failure recall.
Ferrari owner Jeffrey Rose filed the original brake lawsuit after the brakes failed and sent his car into a pond. (See photo)
In October 2021, certain models were recalled because the braking systems could leak brake fluid and cause partial or total brake failures. Ferrari said at the time it was working with supplier Bosch to determine what was causing brake fluid to leak.
Ferrari expanded the brake recall in July 2022 to include these vehicles:
- 2005-2009 Ferrari 430
- 2019-2020 Ferrari 488 Pista
- 2016 Ferrari F60 America
- 2005-2011 Ferrari 612 Scaglietti
- 2010-2011 Ferrari 612
- 2018-2022 Ferrari 812
- 2020-2022 Ferrari F8 Spider
- 2020-2022 Ferrari F8 Tributo
- 2021-2022 Ferrari Roma
- 2009-2017 Ferrari California
- 2015-2017 Ferrari California T
- 2013-2017 Ferrari F12 Berlinetta
- 2017 Ferrari F12 TDF
- 2012-2016 Ferrari FF
- 2017-2020 Ferrari GTC4 Lusso
- 2018-2020 Ferrari GTC4 Lusso T
- 2013-2015 Ferrari LaFerrari
- 2017 Ferrari LaFerrari Aperta
- 2019-2022 Ferrari Portofino
Ferrari’s said the brake fluid reservoir cap had problems and did not provide the proper ventilation for the brakes.
The automaker mailed brake recall letters in September 2022 so dealerships could replace the brake fluid reservoir caps and update software to provide new warning messages about low brake fluid.
But the brake recall lawsuit alleges there are other problems with the Ferrari brake systems, and the recall affects only one brake failure mode.
According to the plaintiffs, the first problem is the rear seal that can twist out of place and cause brake fluid to leak from the Ferrari master cylinder into the brake booster.
The plaintiffs contend replacing the brake fluid reservoir cap should be considered an interim recall repair and not the only and final repair. Additionally, the plaintiffs assert the brake recall repair was only an “inexpensive ‘quick’ fix” and the master cylinders should also be replaced to prevent brake failures.
Motion to Dismiss the Ferrari Brake Recall Lawsuit
The Ferrari brake recall lawsuit was dismissed in 2022, but the judge allowed the plaintiff to amend the class action.
Judge Jamel K. Semper granted Ferrari’s motion in part, but also denied it in part. However, even though this is the second amended class action lawsuit, the judge again ruled most of the dismissed claims can be changed and refiled. That is, if the plaintiffs choose to amend their class action lawsuit.
Several claims against Ferrari were dismissed, including California and Massachusetts common law fraudulent concealment claims. However, those claims were dismissed without prejudice which allows the plaintiffs to refile them again.
Possibly the most important dismissed claims regard nationwide class action allegations.
Ferrari argues the owners who sued can only represent customers in the states the plaintiffs reside, while the plaintiffs claim they can represent Ferrari customers nationwide.
It’s pretty bad when courts do not know or understand what certain laws mean, and here the judge admits, “there is disagreement in this district over whether plaintiffs in a class action may assert claims under the laws of states where the complaint does not allege connections between the named plaintiffs and those states.”
In this case, the judge ruled against nationwide claims and in favor of Ferrari by finding the plaintiffs, “are limited to asserting claims on behalf of individuals in states where at least one named Plaintiff has standing to assert a claim.”
However, the judge dismissed the nationwide claims without prejudice, meaning the plaintiffs can change and refile their claims if they choose.
The Ferrari brake recall lawsuit was filed by these car owners:
- Jeffrey Rose / Missouri / 2018 Ferrari 488 GTB
- Van Carlucci / New Jersey / 2005 Ferrari 430 Spider
- Nicholas DiSantis / Massachusetts / 2010 Ferrari California
- Howard Hardwick / Florida / 2018 Ferrari 488 GTB
- Leonard Mauceli / Florida / 2017 Ferrari California T
- Anthony Mirti / Florida / 2018 Ferrari 488 Spider
- Iliya Nechev / California / 2010 Ferrari 458 Italia
The Ferrari brake recall lawsuit was filed in the U.S. District Court for the District of New Jersey (Newark Division): Jeffrey Rose, et al., v. Ferrari North America, Inc., et al.
The plaintiff is represented by Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., Cuneo Gilbert & LaDuca, LLP, and Burger Law LLC.