PHILADELPHIA, June 28, 2016 -- The law firm of Berger &
Montague, P.C. is pleased to announce that on June 24, 2016, a
federal court in California denied in large part Hyundai Motor
America's Motion to Dismiss and/or Strike Plaintiffs' Complaint in
a class action lawsuit alleging that Hyundai knowingly concealed
from consumers a defect that causes the vehicles' panoramic
sunroofs to spontaneously shatter. The lawsuit is captioned
Glenn v. Hyundai Motor America, No.
8:15-cv-02052-DOC-KES, and it is currently pending in the United
States District Court for the Central District of California.
The Hyundai models involved in the lawsuit include:
- 2011-16 Sonata
- 2011-16 Tucson
- 2011-16 Veloster
- 2013-16 Santa Fe and Santa Fe Sport
- 2013-16 Elantra GT
Potential class members who own or lease one of the affected
Hyundai vehicles listed above may contact Berger & Montague,
P.C. to learn more about the claims
alleged and their rights to seek compensation for damages they have
suffered. Berger & Montague, P.C. is especially interested in
speaking with consumers whose panoramic sunroofs have spontaneously
shattered in their affected Hyundai vehicles as listed above. The
Berger & Montague, P.C. attorneys prosecuting this class action
Shanon Carson, Esq.
Eric Lechtzin, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: 1-888-891-2289 or 215-875-4601
Notably, the Court ruled that Plaintiffs have stated
claims for violations of the consumer protection laws of Alabama,
New Hampshire, Texas and Washington - the states in which the Named
Plaintiffs purchased their Hyundai vehicles. Hyundai had argued
that Plaintiffs' allegations based on fraudulent omissions should
be dismissed because, it asserted, Plaintiffs did not allege that
they ever saw or relied on any statement by Hyundai, or would have
seen any disclosure of alleged omission had one been included. The
Court rejected this argument and noted that each of the Plaintiffs
alleged in their Complaint that they researched their vehicle
before their purchase and that they would not have bought their
vehicle or would have paid less had they known about the defective
The Court also declined to dismiss Plaintiffs'
Magnuson-Moss Warranty Act claim. Although Hyundai argued that
Plaintiffs could not pursue this claim because they did not avail
themselves of the informal dispute resolution procedure it provided
in the warranty, the Court stated that this was not grounds for
Finally, the Court declined to dismiss claims as to models
of Hyundai vehicles that were not purchased by Plaintiffs, finding
that Plaintiffs sufficiently alleged that all models of Hyundai
vehicles with panoramic sunroofs are sufficiently similar. The
Court stated: "Plaintiffs allege all the models' sunroofs were made
with tempered glass, thinned to improve fuel efficiency, and coated
with ceramic paint… Even more, plaintiffs include numerous
complaints lodged by Hyundai owners and lessees with the [National
Highway Traffic Safety Commission]. Taken together, and taken as
true, these allegations are sufficient to show a similarity between
plaintiffs' Hyundai models and the Hyundai Sonata and Hyundai
This class action lawsuit will now proceed to the
discovery phase of the case.
About Berger & Montague, P.C.
Berger & Montague, founded in 1970, is a pioneer
in class action litigation. With over 60 attorneys, the firm
concentrates its practice in class action litigation, including
consumer protection, securities fraud, whistleblower and false
claims actions, antitrust, labor and employment rights, and
environmental and mass torts, and has recovered over $30 billion
for its clients and the classes they represent.