Read the latest Honda class action settlement proposal

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Old 10-25-2006, 12:45 PM
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Read the latest Honda class action settlement proposal

Go to 2nd generation Acura message boards CL ...look under 2nd generation and see the thread title ....links are there as well as instructions! could be important for some TL owners here. This is the latest Oct 5th 2006 documuent
Old 10-25-2006, 01:09 PM
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I really couldn't pull up much from the website. Any lawyers out there with good computer skills? How about a summary and some pros and cons. I might be tempted to go for a settlement: 2 months of the 7 years left and haven't had a problem yet....soon to be at the mercy of Acura's zone rep if the tranny takes a dump.
Old 10-25-2006, 01:14 PM
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I didnt see much usefull infor there. Dont know what you saw. I didnt see class action law suit that would effect all of us any where either
Old 10-25-2006, 07:12 PM
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If you clicked the link provided ,you should have come to a page that has blue hightlights ..one of the blue highlighted areas says CASE summary ,it will then take you to a page where you enter the case number...the case number I provided you ...to the left it has documents that have dates on them ..there are 2 that have the date Oct 5th ....the second one from top has ALL the info ..it states the amount of the proposed settlement as well as the Attorney fees ..the head of the class' proposed amounts ..EVERYTHING.... furthermore if you wanted to really check it all ,go to the other dates which list in detail facts of the case ..the origial complaints ...everything ...
Old 10-25-2006, 07:13 PM
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To address you stating a settlement effecting all ...in those docs the proposal is for the nation ...that is what it states.
Old 10-25-2006, 08:12 PM
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Looks more like getting hopes up for nothing. I wouldnt read more into this until every thing is said and done
Old 10-25-2006, 08:19 PM
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Trust me if you read the detail ,the proposal is nothing to brag about ...As for getting hopes up...as I stated if you read the detail ...there is no chance of that...
Old 10-25-2006, 08:25 PM
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Originally Posted by That Girl
Trust me if you read the detail ,the proposal is nothing to brag about ...As for getting hopes up...as I stated if you read the detail ...there is no chance of that...
Instead of being "frank" and making every one read, why not just post the details. I didnt see any thing that id be jumping for joy about. Plus like i said until every thing was final and we all benifitted from it i wouldnt go about braging about it and getting excited
Old 10-25-2006, 11:27 PM
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Do you not read what is written...are you in another world when you reply ...Who is bragging ...certainly NOT I ...but since you are upset I didn't post all the details ...maybe you can't read...Don't know who's interpreting for you as these posts come across .. And heres some more words for you .....there are others here who can read and will go to the site and read the details .....the links I provide are for them.... There are many details ,too many to post ....and this is not ALL about you ..but others , in contrast to yourself...There is no bragging as stated before ...because the deal is bad for consumers ..if you read my post prior I explained there was NOTHING to brag about !

So instead of popping off with rude comments spend that time reading it for yourself and don't chastise for someone not spelling it all out for you ...I can't possibly know what others want to read in all those doc's and I am not an Attorney who knows all the terminology ..so I politely gave the links to read and interpret for themselves...

Don't bother to reply ...the viewer count of the post ,speaks for itself !
Old 10-26-2006, 12:25 AM
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The Skinny

The proposed class settlement calls for a nine month / 9000 mile extension of the extended warranty.

From reading the posts and having my first tranny replaced at 45K, Acura already has a somewhat liberal position to replacing defective transmissions over the time and mileage warranty limits.

I see some lawyers getting fed and Acura getting off the hook after a certain time & mileage.

I would have wanted Acura to compensate me for my loss of resale value, loss of ability to get into another new car at an acceptable price due to loss of resale, and indefinite coverage of the transmission as payment.

A nine month bandaid........
Old 10-26-2006, 12:33 AM
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Thumbs down The Skinny

The proposed settlement extends the coverage of the extended warranty for the transmission for an additional 9 mos / 9000 miles.

I think the settlement is of benefit to the lawyers and Acura. Acura gets off the hook once and for all. The lawyers get fed.

A better settlement would have called for money to the owners who lost money as a result of a lower resale value from this defect, money to pay for the damage that this did to owners wanting to but were unable to sell/trade for another car at an reasonable price, and to permanently warranty the transmissions for the life of the car.
Old 10-26-2006, 07:17 AM
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Yeah another 9k/9 months would not make me sleep better at night or anything.
Old 10-26-2006, 08:00 AM
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Originally Posted by That Girl
Do you not read what is written...are you in another world when you reply ...Who is bragging ...certainly NOT I ...but since you are upset I didn't post all the details ...maybe you can't read...Don't know who's interpreting for you as these posts come across .. And heres some more words for you .....there are others here who can read and will go to the site and read the details .....the links I provide are for them.... There are many details ,too many to post ....and this is not ALL about you ..but others , in contrast to yourself...There is no bragging as stated before ...because the deal is bad for consumers ..if you read my post prior I explained there was NOTHING to brag about !

So instead of popping off with rude comments spend that time reading it for yourself and don't chastise for someone not spelling it all out for you ...I can't possibly know what others want to read in all those doc's and I am not an Attorney who knows all the terminology ..so I politely gave the links to read and interpret for themselves...

Don't bother to reply ...the viewer count of the post ,speaks for itself !
For starters Where did i come off witha rude coment towards you? I didnt. I wanst upset either. Your the one that is being rude by telling me "I cant read". I did read it. Im no lawyer either but i didnt see anything that really appealed to me as being usefull. As for "viewer" count of thepost speaking itself, You make a thread that would get the attention of many with the way its worded, but yet i dont see anyone jumping for joy or stating anything that would be to our benifit. If you have read the whole thing there are obviously things you read in there, and all i was asking is why didnt you quote a few of the things so that people could "Easily" see and read and not say read it yourself. Now why dot you stop being rude and quit making assumptions about my ability to read.
Old 10-28-2006, 09:39 AM
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Class Action Announcement – Specific Vehicles with Automatic Transmissions

TO: All Acura Sales, Service & Parts Managers



FROM: American Honda Service Division



RE: Class Action Announcement – Specific Vehicles with Automatic Transmissions



All 1999-02 3.2TLs

2003 TLs except Type S up to VIN 19UUA5…3A019556

2003 TLs Type S up to VIN 19UUA5…3A019061

All 2001-02 3.2 CLs

2003 3.2 CLs up to VIN 19UYA42..3A005203



A settlement agreement was reached with American Honda Motor Co., Inc. regarding a class action lawsuit on the above mentioned vehicles.



The court’s final approval of the proposed settlement is to be heard on December 28, 2006.

NOTE 1: This settlement is not yet final. Once again, it will be presented to the Court for final approval on December 28, 2006. If the settlement is not approved or does not become final for any reason, the order certifying a class for settlement purposes will be vacated and the litigation will resume as though no settlement had been reached.



NOTE 2: Until the settlement has been approved by the courts, please refer inquiries to Gilardi Co, LLC, at telephone number 800-356-9451, or http://www.hondatransmissionsettlement.com



NOTE 3: Even if a settlement is approved by the court, some class members may opt out such that they are not bound by the terms of the settlement.



SUMMARY: No action on your part is required at this time. This message is simply to keep you informed of a pending settlement. Customers may see references to this settlement in major market newspapers or on an Internet news site, and then ask you for additional information.



American Honda will provide you with updated information as it becomes available.
Old 10-28-2006, 10:14 AM
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I read it. It sounds like some lawyers will get rich(er) if it goes through, but it means jack squat to the rest of us. An extra 9 months and 9k miles - and you have to have evidence of having your car serviced by a Honda/Acura dealer to qualify?

The rich are getting richer - that is all.
Old 10-28-2006, 12:31 PM
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Alright guys, let me just say a couple things.

First off, let me assure you that the judicial adversary system is not necessarily a scheme just to make lawyers "richer." There are plenty of ethical lawyers out there who are trying to help out their clients with valid claims. Its just that many of you don't realize that the majority of us TL/CL owners don't have a valid prima facie case for a products liability class action suit.

There are too types of products liability suits:

1. Manufacturing Defect - This is for the 1 in a million defect... like that one particular Car that has a faulty engine...

2. Design Defects - This is what many TL/CL owners think they have a valid claim for...

A class action suit for a design defect requires that the plaintiff show a "prima facie" case, meaning that the plaintiff satisfy all the elements for that particular law suit. Here we do not satisfy the "Prima Facie" case becaue a couple of elements are not satisfied.

Prima Facie Case for Design Defects:
1. Apply the Risk Utility Test.
2. Apply the Consumer Expectations test
3. Actual Cause (of harm to the plaintiff)
4. Proximate Cause (of harm to the plaintiff)
5. Damages
6. Affirmative Defenses (That the Defendant can raise)

First off TL/CL owners have a really hard case because there are very RARE cases of anyone getting hurt from the Transmission failing. Infact, even when the transmission fails, it's still relatively safe to drive the car. If a good percentage of TL/CL drivers were getting injured as a result of transmission failure, then yeah, Acura would be shitting their pants and giving everyone a new car or a huge settlement because they'd have a losing case.

We clearly satisfy step 2... and THATS IT. We fall apart at steps 1, 3, 4, and 5.

1. Risk Utility test - does the risk of the defect out weigh the utility of the product?
Arguably no, there are plenty of CL/TL's out there that are still functioning off their first tranny and I'm sure Acura's lawyer will make very strong arguments that that the transmissions are not dangerous as there are hardly any reports of physical harm to the plaintiffs.

3. Was the defect the actual cause of harm to the plaintiff?
What harm? I don't hear of any TL/CL drivers getting hurt physically or even mentally. There HAS to be some ACTUAL HARM. Some of you may argue financial harm, but Acura will rebut that they have a huge warranty (7years/100k) which many judges and juries will find more than reasonable to cover the costs of a car. In todays society, it's rare for people to even keep any vehicle past 7 years and the judge and jury will know that and Acura's lawyers will show statistics to prove it. Some might argue that resale value drops greatly because of the transmission problem... I don't know if it's true or not, but something tells me not...

4. Proximate Cause - Was the defect a proximate cause of the injury? In other words was the injury a foreseeable injury from such a defect?
Ok, once again, no injury. Very hard case for financial injury... so no, we lose this part too.

5. Damages - The plaintiffs must show the damages they are entitled to.
Ok, so what damages are plaintiffs claiming here? Certainly not any medical damages, or damage to price of vehicle. Perhaps maybe time off from work, rental car fees, etc. But seems like a lot of Dealers are providing Loaners. At least mine is: I Just called them this morning and they told me to bring my car in on Monday and they'd give me a loaner for free until my tranny is fixed. That's right folks, we even have a hard time proving any REAL SUBSTANTIAL Damages.

The only lawyers that are getting rich off of this class action suit is the idiot lawyers who wanted to represent the clients. And IMO the clients are stupid because I'm absolutely certain that the lawyers TOLD THEM they had a very hard case. But knowing pissed of clients, all they want is to put Acura through a hard time and are willing to blow thousands for the purpose of "feeling better" or for "Reprimanding" Acura.

Hence, they are choosing to settle and not go to actual trial. What? Do you think Acura was the one that accepted the settlement terms? Think about the settlement terms, its only for an extension of the warranty. DO you think the plainitffs extended that offer? :lol: Acura most likely extended that offer and the plaintiff's lawyers strongly advised them to take it.

Here is my . Acura is doing more than what is necessary to try and fix the problem; they've given us a hefty warranty and depending on the dealer, are more than willing to give us a loaner vehicle so that we can resume or own daily lives. Many other car companies wouldn't do that. Look at BMW, they're notorious for electrical system failures. They didn't extend the warranty on their vehicles. For many years, American vehicles were notorious for poor build quality, they didn't do shit about that either except make future vehicles more reliable.

All in all, there's nothing you can do. Acura/Honda made a transmission which they tested to be reliable, but then it didn't work in real life. They understand this and they've extended the warranty, and it looks like they may extend it again.

My final . If you hate Acura/Honda from this experience, then go buy a Toyota/Lexus, Nissan/Infiniti, whatever you want. I personally still think Acura is a great company, and I know they've learned from this mistake and they will not repeat it again.

And yes, I am in Law School. Second year now at LA and this is just my opinion with the knowledge I have so far. And if you were to get another lawyer for his opinion, he'd most likely agree with me.
Old 10-28-2006, 01:32 PM
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Thumbs down Full Of Hot Air

Originally Posted by BraveDemon
Alright guys, let me just say a couple things.

First off, let me assure you that the judicial adversary system is not necessarily a scheme just to make lawyers "richer." There are plenty of ethical lawyers out there who are trying to help out their clients with valid claims. Its just that many of you don't realize that the majority of us TL/CL owners don't have a valid prima facie case for a products liability class action suit.

There are too types of products liability suits:

1. Manufacturing Defect - This is for the 1 in a million defect... like that one particular Car that has a faulty engine...

2. Design Defects - This is what many TL/CL owners think they have a valid claim for...

A class action suit for a design defect requires that the plaintiff show a "prima facie" case, meaning that the plaintiff satisfy all the elements for that particular law suit. Here we do not satisfy the "Prima Facie" case becaue a couple of elements are not satisfied.

Prima Facie Case for Design Defects:
1. Apply the Risk Utility Test.
2. Apply the Consumer Expectations test
3. Actual Cause (of harm to the plaintiff)
4. Proximate Cause (of harm to the plaintiff)
5. Damages
6. Affirmative Defenses (That the Defendant can raise)

First off TL/CL owners have a really hard case because there are very RARE cases of anyone getting hurt from the Transmission failing. Infact, even when the transmission fails, it's still relatively safe to drive the car. If a good percentage of TL/CL drivers were getting injured as a result of transmission failure, then yeah, Acura would be shitting their pants and giving everyone a new car or a huge settlement because they'd have a losing case.

We clearly satisfy step 2... and THATS IT. We fall apart at steps 1, 3, 4, and 5.

1. Risk Utility test - does the risk of the defect out weigh the utility of the product?
Arguably no, there are plenty of CL/TL's out there that are still functioning off their first tranny and I'm sure Acura's lawyer will make very strong arguments that that the transmissions are not dangerous as there are hardly any reports of physical harm to the plaintiffs.

3. Was the defect the actual cause of harm to the plaintiff?
What harm? I don't hear of any TL/CL drivers getting hurt physically or even mentally. There HAS to be some ACTUAL HARM. Some of you may argue financial harm, but Acura will rebut that they have a huge warranty (7years/100k) which many judges and juries will find more than reasonable to cover the costs of a car. In todays society, it's rare for people to even keep any vehicle past 7 years and the judge and jury will know that and Acura's lawyers will show statistics to prove it. Some might argue that resale value drops greatly because of the transmission problem... I don't know if it's true or not, but something tells me not...

4. Proximate Cause - Was the defect a proximate cause of the injury? In other words was the injury a foreseeable injury from such a defect?
Ok, once again, no injury. Very hard case for financial injury... so no, we lose this part too.

5. Damages - The plaintiffs must show the damages they are entitled to.
Ok, so what damages are plaintiffs claiming here? Certainly not any medical damages, or damage to price of vehicle. Perhaps maybe time off from work, rental car fees, etc. But seems like a lot of Dealers are providing Loaners. At least mine is: I Just called them this morning and they told me to bring my car in on Monday and they'd give me a loaner for free until my tranny is fixed. That's right folks, we even have a hard time proving any REAL SUBSTANTIAL Damages.

The only lawyers that are getting rich off of this class action suit is the idiot lawyers who wanted to represent the clients. And IMO the clients are stupid because I'm absolutely certain that the lawyers TOLD THEM they had a very hard case. But knowing pissed of clients, all they want is to put Acura through a hard time and are willing to blow thousands for the purpose of "feeling better" or for "Reprimanding" Acura.

Hence, they are choosing to settle and not go to actual trial. What? Do you think Acura was the one that accepted the settlement terms? Think about the settlement terms, its only for an extension of the warranty. DO you think the plainitffs extended that offer? :lol: Acura most likely extended that offer and the plaintiff's lawyers strongly advised them to take it.

Here is my . Acura is doing more than what is necessary to try and fix the problem; they've given us a hefty warranty and depending on the dealer, are more than willing to give us a loaner vehicle so that we can resume or own daily lives. Many other car companies wouldn't do that. Look at BMW, they're notorious for electrical system failures. They didn't extend the warranty on their vehicles. For many years, American vehicles were notorious for poor build quality, they didn't do shit about that either except make future vehicles more reliable.

All in all, there's nothing you can do. Acura/Honda made a transmission which they tested to be reliable, but then it didn't work in real life. They understand this and they've extended the warranty, and it looks like they may extend it again.

My final . If you hate Acura/Honda from this experience, then go buy a Toyota/Lexus, Nissan/Infiniti, whatever you want. I personally still think Acura is a great company, and I know they've learned from this mistake and they will not repeat it again.

And yes, I am in Law School. Second year now at LA and this is just my opinion with the knowledge I have so far. And if you were to get another lawyer for his opinion, he'd most likely agree with me.

You are stating and coming to your own conclusions on every point. I am not impressed. Your conclusions are not necessarily valid, but just that ......your conclusions.

Then you have the nerve to tell us that if we are not satisfied to go buy another car. It is too late for that. Many of us bought the car new and took a financial hit because of this defect. We have damaged due to lost time, resale value, and emotional distress in wondering whether our cars will hold up in long trips (read the blogs).

You have a lot to learn in law school. Knowing the law is just part of being an attorney. The majority of the law is the advocating on behalf of your client and skillfully applying the law to make the best case for your clients.

In this case, I would give you an F, much less hire you to represent me in any case or claim. The law is vehicle and starting point for battling your client's position. If you believe your point of view is the only correct one you need to find a different profession.

I don't agree with your assumptions. I think the class action attorney did not work hard enough to get an equitable settlement. If they had they would of had two subclasses: one of original purchasers and the other for buyers of used vehicles.

I puchased an Acura in part because of their reputation for reliability. This issue has caused direct negative impact financially and I have yet to see a settlement taking this into account.
Old 10-28-2006, 02:47 PM
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I have to agree with blade runner... you can't speak as your conclusionis IS the fact for all acuraziner. In fact, we don't know how many TL/CL owner are there were injured since not a whole lot of TL driver out there come to this TL community chat. You are right at some point but totally not strong at all. Yes 7 years warranty is a long big cover and most judges will stand on that side as well, but the fact is, many owners are having trouble here in somewhat a life-threatening situation... i mean come on...i heard someone said...in the middle of the highway....isn't that crazy? I think you can really get killed by that.. and it's relatively easy too.. i think some really good lawyer can come up with some solution.......i hope ..
Old 10-28-2006, 03:00 PM
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Originally Posted by BraveDemon

Here is my . Acura is doing more than what is necessary to try and fix the problem; they've given us a hefty warranty and depending on the dealer, are more than willing to give us a loaner vehicle so that we can resume or own daily lives. Many other car companies wouldn't do that. Look at BMW, they're notorious for electrical system failures. They didn't extend the warranty on their vehicles. For many years, American vehicles were notorious for poor build quality, they didn't do shit about that either except make future vehicles more reliable.
Ive said that all along and agree.

Originally Posted by SuperTLfans
I have to agree with blade runner... you can't speak as your conclusionis IS the fact for all acuraziner. In fact, we don't know how many TL/CL owner are there were injured since not a whole lot of TL driver out there come to this TL community chat. You are right at some point but totally not strong at all. Yes 7 years warranty is a long big cover and most judges will stand on that side as well, but the fact is, many owners are having trouble here in somewhat a life-threatening situation... i mean come on...i heard someone said...in the middle of the highway....isn't that crazy? I think you can really get killed by that.. and it's relatively easy too.. i think some really good lawyer can come up with some solution.......i hope ..
The NTHSA already looked into this and deemed it not worthy of a recall. Now if they had found sufficient evidence that the car was dangerous or that large of a problem they would have made honda recall the tranny and fix the problem. 2ndly if you (not saying you in specific) were to pay attention to the car instead of the radio, makeup, billboards on the side of the road, or the cute girl in the convertible like you should be, you would notice the trans failing long before it got to the point of sudden down shift when failing. I know i noticed all of my failures many thousand miles before hand and cought every one before the sudden down shift.

I for one wouldnt look too much into this and get my hopes up, but thats just my
Old 10-28-2006, 08:25 PM
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Originally Posted by BLADE RUNNER
You are stating and coming to your own conclusions on every point. I am not impressed. Your conclusions are not necessarily valid, but just that ......your conclusions.

Then you have the nerve to tell us that if we are not satisfied to go buy another car. It is too late for that. Many of us bought the car new and took a financial hit because of this defect. We have damaged due to lost time, resale value, and emotional distress in wondering whether our cars will hold up in long trips (read the blogs).

You have a lot to learn in law school. Knowing the law is just part of being an attorney. The majority of the law is the advocating on behalf of your client and skillfully applying the law to make the best case for your clients.

In this case, I would give you an F, much less hire you to represent me in any case or claim. The law is vehicle and starting point for battling your client's position. If you believe your point of view is the only correct one you need to find a different profession.

I don't agree with your assumptions. I think the class action attorney did not work hard enough to get an equitable settlement. If they had they would of had two subclasses: one of original purchasers and the other for buyers of used vehicles.
Well, considering that I did say I am a second year in Law School and that it is my opinion I guess you're entitled to give me an F or whatever. Sorry if I offended you Bladerunner, but I'm telling you that we just don't have a case.

And I'm coming to a conclusion on every element? Well yeah.. thats what they teach you in Law School. You're supposed to take an educated guess at how the court is going to rule. After reading the countless pages of tranny failure on this site, and after reading the class action suit settlement issues above, I gave you my best idea of what kind of case it is. As I said it's my judgment. I've taken Torts my first year and I've learned products liability and got the top score in my class at UCLA. I'm ranked in the top 5% of my class and its just my opinion. You guys are of course entitled to think nothing of it.

And yes, you are right the "law is vehicle and starting point for battling your client's position." But you have to understand that not every battle is a winning battle. And that's what the judicial "adversary" system is. It's a battle. The side with the best evidence wins.

And in this case, I took the most objective stand point possible. I took the plaintiffs' side and tried to see if he COULD satisfy the prima facie elements. And honestly I can't say that we have much to satisfy those 4 points. Of course I don't have all the evidence, and who knows with more evidence I might have said differently. But after reading the class action settlement which I actually read (yes every single word) it seems like the Plaintiffs in this case had no hardcore evidence to win the case. Hence they're settling for a mere extension of the warranty instead of going to court.

Do you honestly think plaintiffs would WANT a mere extension of the warranty for a measley 9 months?! After spending all of those lawyer fees? When I worked as a paralegal, the attorneys I worked for charged $125 an hour for the WORK I DID AS A PARALEGAL. The attorneys themselves would charge close to $400 for their hourly wage. All that time spent preparing to go to a very expensive trial, and getting a measley settlement offer from Acura for a 9 month/9000 mile warranty... Either 1: Plaintiff's attorney figured this is the best they can get. 2: Acura's attorneys are taking the Plaintiff's case as a joke and offering a joke of a settlement.

And skillyfully apply the law that exists to the case at hand; ok you got me here. I haven't searched on Westlaw for any particular cases about recalls, but I will say this. In the Torts book that I have studied from (Dressler's "Torts and Compensation") all products liability cases had specifically to do with actual harm or damages to the clients. Read all the pages on the Tranny Failure thread. See if ANY Of them have any physical harm occurring. I could not find one.

Unfortunately Fsttyms1 summed it above. The NTHSA looked into the matter and didn't deem it worthy of a recall. That says alot in itself, and that type of evidence will drastically kill any claim us TL owners have.

And sorry if you took my comment about buying a different car next time in a degrading way. I honestly am trying to be a utilitarian here. I'm telling people who are unsatisfied with Acura with this experience not invest their money in Acura in the future.

Dude, I understand. My TL-S tranny just died too (last night infact). And yeah it sucks, and I feel like Acura should have done a better job. But the fact is there is inherent risk in purchasing anything. I took a risk relying on the reputation of Acura and it turned out the very opposite. But I do note that Acura did take the steps to try and rectify the situation: hence the huge extension in the power train warranty. I'm sorry but the only other warranty that is 7 years/100k is offered by Hyundai - and the only reason they're offering it is in hopes of getting sales. Acura did it because they knew they screwed up. And hey, I was just trying to say at least they tried to fix the problem after the fact.

Yeah, Bladerunner. You're right I still do have alot to learn in law School. Approximately 1 year and 6 months left. And then take the bar here in Califronia and.. eh... And you don't have to worry about hiring me as a lawyer, as I'm leaning towards not practicing law and going to get a Ph.D. in Law.

But hey, don't get upset man. I'm just giving you my honest opinion. Lol, I am honestly not trying to piss anyone off.

Anyone else that's a lawyer or going to law school have any input? If anyone else with a legal education has any input, feel free to give some. I would love to hear that I'm wrong since I'd benefit if the plaintiff's did win this case as well.
Old 10-28-2006, 08:53 PM
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is what all this class action drivel is worth.
Old 10-28-2006, 09:01 PM
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Originally Posted by MikePA
is what all this class action drivel is worth.
Yup. I did some quick research and the last big automoible class action suit that happened was the 2000 Ford Explorer/Firestone Tire recall.

Currently reading the facts and the evidence of that case and trying to match it to our CL/TL case... let me just say... it doesn't look good. But hey, I need to do some research so people don't think my analysis is "full of hot air."
Old 10-29-2006, 04:33 AM
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I own an '02 TL-S and I've had my tranny replaced once. I know the scary feeling I experienced when my car suddenly downshifted as I entered the freeway at night. But regardless of that, BraveDemon's analysis was dead-on, in my opinion. There just weren't any injuries (fatal or otherwise) to scare Acura into a better settlement.

There's a lawyer in Southern Cali with a Saturday radio show, by the name of Bill Handel. Folks call in to get free legal advice. Whenever they ask him if they should sue -- he asks them, "So what were your damages? Were you injured? Did you lose a leg? An arm? An eye?" When the caller says, "No," he sighs and tells them that their case would have been much more winnable if they actually sustained an injury.

So, we can whine and comiserate amongst ourselves about what we WISH Acura would do -- but the reality is that Acura has, in most cases, stepped up and fixed our vehicles at no charge. In many cases, they've fixed cars several times. It's hard to get a jury to feel sorry for us when they hear that evidence. Hell, most of the jurors may not have even had a car as nice as this and wonder why we're bitching at all.

Yep, after 3 years of litigation we're probably lucky to get anything at all!

Just my two cents,

Vincent
Old 10-29-2006, 10:45 AM
  #24  
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This all does suck. I know we are all scared (including myself) that our tranny is going to go out. It could be worse. I had a '94 Thunderbird SC that I got with 43k miles on it. The Tranny went out 2 weeks later. It did not slip and cause me to have to pull over and get towed. It locked up at ~ 65 mph on the hwy when it downshifted into 4th while I was starting to pass someone. That is scarry. Yah know what I got for help from Ford? Nothing. Had there been anybody behind me, they would have hit me and neither of us would have had any warning. Oh yah, and I was in the oncoming lane. Honda is still a good brand. We just need to be realistic. Nobody is going just GIVE you a new car. There are no free lunches. If there is no injury or damage past the tranny, how can you expect Honda to give you something for nothing? Plus, how do you think it would look for Honda to recall all the '02-'04 TLs and CLs? This is not like the Ford/ Firestone tire issue where you can show a jury some big crash caused bu the product or even convince them that it is dangerous. Here is how I see the questioning going between a lawer for the plantiff and Honda Engneer in court about the affects of this problem:

Lawer: So what happens when this defect happens and the transmission fails?
Engneer: The car loses power to the drive wheels and drifts to a stop.
L: Is there any way you can illisturate this to the jury?
E: Yes. It is just like shifting your car into Nuteral while driving.
L: So can you just shift a transmission into nuteral while driving? I mean if it is so dangerous to do, shouldent there be something to stop you from doing it? It is dangerous to shift into Reverse while driving so there is a lockout on every transmisson made now, right?
E: Shifitng into nuteral is not dangerous so there is no need for the lockout. Just like this defect is not dangerous. It is just a mechinical falure. That is why we have already extended the warranty.
L: Why not extend the warranty to 200k miles and really cover it?
E: Nothing lasts for ever. Even a Honda.

OK, there is a little a$$hole in that but you get my point. THere is no money in a lawsuit where nobody gets hurt. If they extend the warranty to 108k miles/ 71 mo., that will be the longest warranty on anything automotive EVER. Yes, I would like them to just give all us a new and better transmission but I have to be realistic. That would be stupid and could really hurt a company, even one as big as Honda. Ford is still feeling their recall. Yes it was needed, but how many millions of dollars were spent in that? And that is only tires. Try transmissions at what, $2000 at least each?
Old 10-29-2006, 09:14 PM
  #25  
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I love how they stick with the coverage for early 03 TL and CL only.

The dealership told me that Acura fixed the problem and that's why my car didn't receive the extended warranty. If anything, I've been flat out lied to. I probably won't be on Acura dealership lots again for a while. I'll be shopping elsewhere. It's not that I can't deal with problems. Every car has problems, and my TL is actually one of the better, less problematic cars I've had. But I just don't like the way Acura is taking care of the situation. I mean, come on, a 9-month extension? First off, that's nothing. Second, it still doesn't cover later production '03 cars. Liars. If/when (more likely when) my current transmission fails, they better cover it because I WILL be suing if they don't. Most of you guys are in a situation where you bought a car and a problem surfaced. In my case, I knew of the problem, asked about it, and was told that the problem was fixed. They sold me a product by way of misrepsentation and deceit. And I swear to God if they try to blame it on my mods, I will shit in their gas tanks.
Old 10-29-2006, 09:43 PM
  #26  
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LOL..
Old 11-02-2006, 09:10 AM
  #27  
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Yesterday I received a plain-English explanation in the mail from the California court. It's essentially an extension of 9 months OR 9000 miles, whichever comes first, to the 7/100k transmission warranty IF the court approves it. The approval hearing date is December 28, 2006 (Ironic...our TL was purchased December 29, 1999). Inasmuch as the good dealers and Acura zone reps will back up owners with trouble who are just over the initial warranty extension, this does little except make money for some lawyers.
Old 11-02-2006, 09:26 AM
  #28  
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It will probably take the court about 9 months or 9,000 miles to approve it, whichever comes first. ;-)

Bob
Old 11-02-2006, 10:57 AM
  #29  
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Originally Posted by Bob_F
It will probably take the court about 9 months or 9,000 miles to approve it, whichever comes first. ;-)

Bob
So this extension totals:
59,000 miles or 4.9 years to our factory warranty (complete car) + 7/100K miles on tranny?
Old 11-02-2006, 11:04 AM
  #30  
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A 9 month, 9,000 mile extension is basically useless to Acura and Honda owners. They lawyers are being paid based on a portion or the settlement (9% of an estimated $90 million plus) = $8.1 million spread over 5 law firms.

Who really benefits here - the car owners? No. This whole thing is a waste of our collective time.
Old 11-02-2006, 12:07 PM
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I graduated from law school in 1977 and just received by mail the proposed settlement concerning my wife's vehicle. Please allow me a few observations:

I would never jeopardize my wife's safety and I am concerned but not panicked.

BraveDemon appears to be a caring and astute student who took the time to carefully read and analyze the proposed settlement. Without reviewing all the evidence uncovered by or disclosed to the plantiffs, I can't evaluate the case but I can almost guarantee that most class action settlements don't enrich plantiffs' attorneys unless there there is a substantial financial settlement or award.

I can suggest the following:

Notify your dealer that you are aware of the situation and ask if there is any free inspection that might reveal a defect. Document your efforts and results in detail.

Maintain your vehicle as recommended and save all service documents.

Carefully monitor your vehicle's performance and note anything unusual even if doesn't seem to be transmission related. Notify your dealer if you think the performance aberration is significant.

Always ask for and record the name of any person you speak with.

If you feel that you have already suffered or can prove future significant financial damages read your notification as to how to to not particitate in the class action. You will be required to notify the designated party and be prepared to file your own lawsuit.
Old 11-02-2006, 12:25 PM
  #32  
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Originally Posted by wardlaw
I graduated from law school in 1977 and just received by mail the proposed settlement concerning my wife's vehicle. Please allow me a few observations:

I would never jeopardize my wife's safety and I am concerned but not panicked.

BraveDemon appears to be a caring and astute student who took the time to carefully read and analyze the proposed settlement. Without reviewing all the evidence uncovered by or disclosed to the plantiffs, I can't evaluate the case but I can almost guarantee that most class action settlements don't enrich plantiffs' attorneys unless there there is a substantial financial settlement or award.

I can suggest the following:

Notify your dealer that you are aware of the situation and ask if there is any free inspection that might reveal a defect. Document your efforts and results in detail.

Maintain your vehicle as recommended and save all service documents.

Carefully monitor your vehicle's performance and note anything unusual even if doesn't seem to be transmission related. Notify your dealer if you think the performance aberration is significant.

Always ask for and record the name of any person you speak with.

If you feel that you have already suffered or can prove future significant financial damages read your notification as to how to to not particitate in the class action. You will be required to notify the designated party and be prepared to file your own lawsuit.
There is no way of inspecting the 3rd gear clutch packs with out ripping the tranny out and tearing it down. At which point you might as well rebuild. This settlement is a complete joke and waste of time
Old 11-02-2006, 12:34 PM
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I know nothing about 3rd gear packs and defer to your expertise.

I just hoped to provide a little knowledge from a legal perspective.
Old 11-02-2006, 12:40 PM
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Originally Posted by wardlaw
I know nothing about 3rd gear packs and defer to your expertise.

I just hoped to provide a little knowledge from a legal perspective.
And its appreaciated. Unfortunatly there is no way of knowing or having it inspected. The only thing that will give you warrning is like you stated

Originally Posted by wardlaw
Carefully monitor your vehicle's performance and note anything unusual even if doesn't seem to be transmission related. Notify your dealer if you think the performance aberration is significant.
You will notice that the tranny will show signs far before it dies. Watch for a slipping clutch like symptom on the 2-3 gear change
Old 11-02-2006, 12:46 PM
  #35  
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Dear moderator,

Thank you for your kindness.
Old 11-02-2006, 12:57 PM
  #36  
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Originally Posted by wardlaw
I know nothing about 3rd gear packs and defer to your expertise.

I just hoped to provide a little knowledge from a legal perspective.
Thank you wardlaw.

I just think that TL owners just have a very weak case in proving any actual harm and damages. Thus for the people above who were expecting some kind of actual monetary return or substantial extensions in a warranty, it's just not plausible. Be objective and think from the side of Acura, think of the costs involved. (Also remember Acura wasn't exactly doing so well financially prior to the launch of the current gen TL. THe third gen TL's are considered to be the saviors of Acura). You're not going to exactly keel over and give away a huge financial reward for something that hasn't caused any real significant harm.

And yes I agree with you, the plaintiff's lawyers are not going to be making a ton of money off of a settlement like this. Make some money? Probably, since (if they were smart and didn't take the case on a contingent fee) they most likely wer charging their normal hourly rate and other fees.

As for the so called $90 million settlement:

That estimate 90 Million is the cost for acura to extend the warranty, not how much is being offered as settlement. If there is no cash settlement, then how would lawyers make any profit off the settlement?

In most settlement cases, the lawyers make nominal fees and charge for court filing fees.
Old 11-02-2006, 05:23 PM
  #37  
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Originally Posted by BraveDemon
Yup. I did some quick research and the last big automoible class action suit that happened was the 2000 Ford Explorer/Firestone Tire recall.

Currently reading the facts and the evidence of that case and trying to match it to our CL/TL case... let me just say... it doesn't look good. But hey, I need to do some research so people don't think my analysis is "full of hot air."
Yes, and there were deaths in that case. The law just does not favor the consumer.

I hate to admit it, but even though it still might not be fair for us and like other have said, Honda has done more than what any other manufacture would do.
Old 11-02-2006, 05:42 PM
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Deaths in the TL

Were there any research or studies performed on the cars of those people who died in crashes involved in the transmission recalls?
Old 11-02-2006, 06:25 PM
  #39  
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Originally Posted by BLADE RUNNER
Were there any research or studies performed on the cars of those people who died in crashes involved in the transmission recalls?
Who said people died in crashes involved in the transmission recalls????
Old 11-02-2006, 06:27 PM
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Originally Posted by BLADE RUNNER
Were there any research or studies performed on the cars of those people who died in crashes involved in the transmission recalls?
I am not picking side but just found this discussion.
http://www.lawyersandsettlements.com...opic.php?p=953
I understand it is not official study with stats that can be used in the case, but someone reported a personal injury due to tranny lockup of his 03 TL-S

POS acura tranny locked up and caused out 03 TL-s to get into an accident that hurt my fiance. Honda/Acura has the nerve to tell us to contact our insurance company about accident. It was cause by the faulty tranny. Had I known that this car has the ability to kill I would have invested in something more secure. Something has to be done.
And another guy reported failed tranny cause him to get into an accident, but he sounds like an attorney to me.

Whomever was involved in the Acura accident due to tranny failure ..please give me a way to contact you. I too was involved inn an accident due to tranny failure...... How can we speak? Please leave me a contact email ..I am NOT an Attorney ,but like I said have been involved in an accident myself ...I have ALOT of inside info for you!


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