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A Mazda class action lawsuit is dismissed after the lead plaintiff failed to opt out of a previous valve stem seal settlement.
North Carolina plaintiff Francis J. Farina purchased a new 2021 Mazda6 that allegedly has valve stem seal problems that cause his vehicle to drink a lot of oil.
According to the class action, no Mazda valve stem seal recall has been announced even though engine oil supposedly leaks into the combustion chambers in these vehicles.
- 2021 Mazda CX-30
- 2021 Mazda CX-5
- 2021 Mazda CX-9
- 2021 Mazda Mazda3
- 2021 Mazda Mazda6
The plaintiff filed the valve stem seal class action lawsuit to include not only Mazda but also 544 Mazda dealerships in the U.S.
Mazda Valve Stem Seal Settlement Shuts Down The Plaintiff’s Lawsuit
Mazda filed a motion to dismiss the lawsuit by telling the North Carolina judge two other valve stem seal class action lawsuits were filed before plaintiff Farina filed his class action in January 2023.
A lawsuit titled Guthrie v. Mazda was moving through court and Farino’s class action was paused, with the plaintiff told by Mazda to stay in the Guthrie action because Farino’s vehicle was included in the Guthrie valve stem seal lawsuit.
Here’s where things take a turn because a settlement was reached in the Guthrie v. Mazda class action lawsuit, but Mr. Farino objected to the terms of the Mazda valve stem seal settlement.
However, the judge granted final approval to the valve stem seal settlement but Farina didn’t opt out.
In a class action lawsuit, you will automatically be included in the class action and any settlement if your product, in this case a vehicle, is included in the lawsuit and settlement. Whether you want any part of it or not.
If a class action settlement is reached and a consumer doesn’t take the time to write to the court to opt out and the settlement is granted final approval, that consumer will not be able to sue the company for the same problems.
This is what happened with Farina and his lawsuit. Mazda told the judge the customer could not sue for valve stem seal problems because he did not opt out of the Mazda valve stem settlement.
Without opting out, he remained a class member included in the settlement whether he wanted to be or not. Mazda argues Mr. Farina cannot sue for valve stem seals problems, and the judge agreed and ended the Mazda valve stem seal class action lawsuit based on the previous settlement.
The Mazda valve stem seal lawsuit was filed in the U.S. District Court for the Western District of North Carolina (Charlotte Division): Francis J. Farina v. Mazda Motor of America, Inc., et al.
The plaintiff is represented by the DiGuiseppe Law Firm, P.C., and McLeod Brunger PLLC.