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Berger & Montague, P.C. Announces That Hyundai Has Lost Its Bid To Dismiss A Class Action Lawsuit Alleging That Its Panoramic Sunroofs Spontaneously Shatter

Posted: June 28, 2016

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 lawsuit are:

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

Emailelechtzin@bm.net

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 panoramic sunroofs.

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 dismissal.

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 Veloster."

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.