Aug 29 (Reuters) - General Motors ( GM ) was ordered by
a federal appeals court to face a class action claiming it
violated laws of 26 U.S. states by knowingly selling several
hundred thousand cars, trucks and SUVs with faulty
transmissions.
The 6th U.S. Circuit Court of Appeals said a lower court
judge had discretion to let drivers sue in groups over Cadillac,
Chevrolet and GMC vehicles equipped with 8L45 or 8L90
eight-speed automatic transmissions, and sold in the 2015
through 2019 model years.
Drivers said the vehicles shudder and shake in higher gears,
and hesitate and lurch in lower gears, even after repair
attempts. They also accused GM of telling dealers to provide
assurance that harsh shifts were "normal."
GM did not immediately respond on Thursday to requests for
comment. The decision was issued on Wednesday by a three-judge
panel of the Cincinnati-based appeals court.
Class actions can result in greater recoveries at lower cost
than if plaintiffs were forced to sue individually.
The GM litigation covers about 800,000 vehicles, including
514,000 in the certified classes.
Vehicles include the Cadillac CTS, CT6 and Escalade;
Chevrolet Camaro, Colorado, Corvette and Silverado; and GMC
Canyon, Sierra and Yukon, among others.
In opposing class certification, GM said most class members
never experienced problems and therefore lacked standing to sue.
It also said there were too many differences among class
members to justify group lawsuits.
Circuit Judge Karen Nelson Moore, however, said overpaying
for allegedly defective vehicles was enough to establish
standing.
She also said "exactly how, and to what extent, each of the
individual plaintiffs experienced a shudder or shift quality
issue is irrelevant" to whether GM concealed known defects, and
whether drivers would have found that information material.
The court also rejected GM's argument that many potential
claims belonged in arbitration.
It returned the case to U.S. District Judge David Lawson in
Detroit, who certified the classes in March 2023.
"We look forward to holding GM accountable before a Michigan
jury," Ted Leopold, a Cohen Milstein Sellers & Toll partner
representing the drivers, said in a statement.
The case is Speerly et al v. General Motors LLC, 6th U.S.
Circuit Court of Appeals, No. 23-1940.