Ford Shelby GT350 Mustang Overheating

DEFENDANT NAME: Ford Motor Company
STOCK SYMBOL:
CASE NUMBER: 1:17-cv-21087
CASE NAME:
COURT: U.S. District Court for the Southern District of Florida
PRACTICE AREA: Automotive Litigation
STATUS: Active
CLASS PERIOD:
LEAD PLAINTIFF DEADLINE:
DATE FILED: 03/22/17
COURT LOCATION:

Case Update

In his July 12, 2018, order responding to Ford’s motion to dismiss the class-action lawsuit filed regarding the Mustang Shelby limp mode defect, Judge Federico A. Moreno upheld the vast majority of plaintiffs’ claims against Ford.

The judge divided the lawsuit’s 59 claims into fraud claims and warranty claims. The fraud-based claims related to Ford’s omission and misrepresentation to Shelby buyers about their cars. Ford told them the cars were track ready, leaving out that the cars easily overheat. Judge Moreno upheld the fraud-based claims and denied Ford’s motion to dismiss them. Judge Moreno also upheld claims that Shelby owners paid premium prices due to Ford’s misrepresentation, violating state consumer protection laws.

Regarding warranty-based claims, the court is still reviewing each plaintiff’s individual claims of malfunction, but the court denied Ford’s motion to dismiss breach of warranty claims saying, “Indeed, this Court has ruled that it is premature to dismiss claims at the motion to dismiss stage because of a plaintiff's failure to encounter the alleged defect.” Judge Moreno did uphold Ford’s motion to dismiss Florida, Oregon, New York and Washington warranty claims, due to the fact that the vehicles were purchased from a Ford dealer, and not Ford directly.

Finally, Judge Moreno upheld plaintiffs’ unjust enrichment claims against Ford, stating that the lawsuit “includes all the elements of unjust enrichment by claiming that the vehicles have a diminished value, and thus Ford has reaped profits in excess of what should have been earned for the sale of its allegedly defective 2016 Shelby GT350 Base and Technology Packages.” Read the order »

Judge Moreno also schedule dates for trial and other key deadlines. Review the trial schedule »

Own a 2016 Ford Shelby GT350 Mustang that is a Base or Tech package model?

A vehicle defect is causing your premium track car to overheat and go into limp mode. You may be entitled to reimbursement.

Fill out the form to find out your consumer rights to potential compensation »

Affected vehicles

  • 2016 Shelby GT350 Mustang Base or Tech models

According to the firm's investigation, Ford has sold these Shelby GT350 vehicles as track cars built to reach and sustain high speeds, but Ford has failed to disclose that the absence of a transmission and differential coolers can greatly diminish the vehicle's reported track capabilities. Shelby owners are reporting that this defect causes the vehicle to overheat and go into limp mode, while in use, even when the car is not being tracked. If you own an affected Ford Mustang and have experienced limp mode, fill out the form to find out your consumer rights to compensation.

SHELBY LIMP MODE Explained

The affected Shelby GT models reportedly enter limp mode when tracked, failing to maintain desired speeds and have reportedly entered limp mode when in regular use. Owners have reported that despite Ford's promise that these vehicles are "capable of sustained high speeds and track day driving," Base and Tech models overheat. Limp mode is a safety system designed to protect the engine from being damaged during extremely hot temperatures. Once limp mode engages, the engine will only run at very low RPMs and will be barely able to move.

Owners have cited Ford's ads and incessant promotion of the 2016 Shelby GT Base and Tech models as great track cars, but consumers were never warned that their vehicles would quickly overheat when tracked or driven at sustained high speeds.  

Your consumer rights

Hagens Berman believes that consumers have the right to reimbursement for the premium price they paid for what they thought was a functional street-legal track car, capable of reaching and sustaining high speeds without failure. Nowhere does Ford divulge these vehicles' failure to maintain track speeds to consumers. According to the firm's investigation, Ford knew about the limp mode defect present in 2016 Shelby GT Base and Tech models and continued to market these vehicles extensively as fully functional track cars, charging consumers high prices for vehicles that in no way uphold its core promises.

TOP auto LITIGATION FIRM

Hagens Berman is one of the most successful auto litigation law firms in the U.S. and is presently leading nationwide cases against Volkswagen, GM, Mercedes and Fiat Chrysler for use of diesel emissions-cheating software. Our firm’s independent research outpaces even government agencies, and we are the only firm dedicating its own resources to uncovering new instances of fraud. Hagens Berman has also taken on other automakers on behalf of consumers throughout the United States for safety defects and negligence, and your claim will be handled by attorneys experienced in automotive consumer law.

NO COST TO YOU

There is no cost or fee whatsoever involved in joining this action. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class' legal team. In no case will any class member ever be asked to pay any out-of-pocket sum.


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Case Timeline

07/13/18: Case Update

In his July 12, 2018, order responding to Ford’s motion to dismiss the class-action lawsuit filed regarding the Mustang Shelby limp mode defect, Judge Federico A. Moreno upheld the vast majority of plaintiffs’ claims against Ford.

The judge divided the lawsuit’s 59 claims into fraud claims and warranty claims. The fraud-based claims related to Ford’s omission and misrepresentation to Shelby buyers about their cars. Ford told them the cars were track ready, leaving out that the cars easily overheat. Judge Moreno upheld the fraud-based claims and denied Ford’s motion to dismiss them. Judge Moreno also upheld claims that Shelby owners paid premium prices due to Ford’s misrepresentation, violating state consumer protection laws.

Regarding warranty-based claims, the court is still reviewing each plaintiff’s individual claims of malfunction, but the court denied Ford’s motion to dismiss breach of warranty claims saying, “Indeed, this Court has ruled that it is premature to dismiss claims at the motion to dismiss stage because of a plaintiff's failure to encounter the alleged defect.” Judge Moreno did uphold Ford’s motion to dismiss Florida, Oregon, New York and Washington warranty claims, due to the fact that the vehicles were purchased from a Ford dealer, and not Ford directly.

Finally, Judge Moreno upheld plaintiffs’ unjust enrichment claims against Ford, stating that the lawsuit “includes all the elements of unjust enrichment by claiming that the vehicles have a diminished value, and thus Ford has reaped profits in excess of what should have been earned for the sale of its allegedly defective 2016 Shelby GT350 Base and Technology Packages.” Read the order »

Judge Moreno also schedule dates for trial and other key deadlines. Review the trial schedule »

02/20/18: Second Amended Complaint Filed

On Feb. 20, 2018, plaintiffs filed a second amended complaint in the Shelby lawsuit. The second amended complaint adds new plaintiffs and chronicles additional limp mode manifestations both on the track and on public roadways.

Plaintiffs are confident that the second amended complaint will survive any additional motion practice that Ford Motor Company may initiate, and we look forward to moving forward with the discovery stage of the litigation in the next few months. Review the second amended complaint here  »

01/03/18:

Plaintiffs and Defendant Ford Motor Company have spent the summer of 2017 undertaking motion practice. The motion at issue tests the legal sufficiency of the different claims being brought by Plaintiffs and is routinely used by large companies during this type of litigation. As of January 2, 2018 the motion and all related arguments are still under consideration by Judge Federico A. Moreno, who is presiding over this lawsuit. Judge Moreno ‘s Court is located in the Southern District of Florida. We are hopeful that Judge Moreno will rule on this motion in the near future and we will update you when we hear from the Court. In the interim, the Parties continue to discuss the status of discovery and anticipate moving forward with that stage of the litigation over the next few months.

05/16/17: First Amended Complaint Filed

On May 16, 2017 Plaintiffs filed an Amended Complaint in this litigation. The Amended Complaint added more than a dozen new plaintiffs and requested a 50 state class for certification. The Amended Complaint also contains additional allegations to strengthen the already existing fraud and warranty claims being alleged by Plaintiffs.  Plaintiffs look forward to receiving Ford’s response to the Amended Complaint and moving forward with this litigation throughout the summer. 

Read the first amended complaint »