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Dex Cool Litigation

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Old 07-18-2008, 03:39 PM
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Default Dex Cool Litigation

It appears that GM has finally been beat into submission about their intake gasket issues.

Dex Cool Litigation Website

Overview

PLEASE NOTE: If you are a Missouri resident, please click here to access case information unique to your state.

There is a proposed class action settlement involving the GM vehicles listed in the Notice and FAQs on this website. These vehicles were factory-equipped with Dex-Cool. Dex-Cool is an engine coolant designed to protect vehicles’ engine and cooling systems. A number of lawsuits were filed as class actions against GM in state and federal courts across the United States involving “Dex Cool” extended-life engine coolant. Among other things, the lawsuits allege that (i) Dex-Cool in the vehicles listed in the Notice caused problems with the vehicles’ engines or cooling systems, and (ii) that certain engine components, such as the nylon/silicone lower intake manifold gaskets installed in certain vehicles, were defective. GM denies all allegations of wrongdoing and denies liability under any claim asserted in the lawsuits.

You are included in this proposed settlement if you own or lease or previously owned or leased any of the specified vehicles and made repairs related to the use of Dex-Cool. For more information on whether you may be included in the class, please consult the Notice or FAQs.

Repairs involving intake manifold gasket failures, engine coolant sealing issues, and sludge (a rust-like material) are covered by this proposed settlement. These repairs would likely involve parts like the intake manifold and/or manifold gaskets, throttle body gaskets, radiator cap, heater core, water pump and other parts of the cooling system. See the Notice or FAQs for a complete description of the specific types of repairs covered for each vehicle type.

The Court in charge of this case still has to decide whether to give final approval to the proposed settlement. Valid claims will be paid if the proposed settlement is approved.

Note Re Missouri: People who purchased or leased their GM vehicle in Missouri are not included in the proposed settlement. A separate settlement has been reached for those who purchased or leased their vehicle in Missouri, which will offer the same benefits but will be separately approved by a Missouri court.

You can access Missouri case information here.
Covered Vehicles

There are three groups of vehicles that are covered by the settlement: Group A Vehicles, Group B Vehicles, and Group C Vehicles. Each group of vehicles is listed below, followed by the Covered Repairs for which cash reimbursement is available under the proposed settlement.
GROUP A VEHICLES

Model years 1995-2003

Equipped with 3.1-liter or 3.4-liter V6 engine, manufactured before April 10, 2003 with a nylon/silicone lower intake manifold gasket.
Buick Century, Rendezvous, Regal, Skylark
Chevrolet Impala, Lumina, Malibu, Monte Carlo, Venture, Corsica, Beretta, Lumina APV
Oldsmobile Alero, Cutlass (Supreme and Ciera), Silhouette
Pontiac Aztek, Grand Am, Grand Prix, Montana, Trans Sport

Note: Some of these vehicles may have been offered for sale with an engine other than a 3.1-liter or 3.4 -liter V6 engine. Any of the above models sold with an engine other than a 3.1-liter or 3.4 -liter V6 engine are not included and are not eligible to make a claim.

Group A Covered Repairs: Replacement of failed nylon/silicone lower intake manifold gasket.

GROUP B VEHICLES

Model years 1995-2004

Equipped with 3.8-liter V6 engine (internal GM engine designation RPO L36).
Buick LeSabre, Park Avenue, Regal, Riviera
Chevrolet Camaro, Impala, Lumina, Monte Carlo
Oldsmobile Eighty-Eight, Intrigue, LSS, Ninety-Eight
Pontiac Bonneville, Firebird, Grand Prix

Note: Some of these vehicles may have been offered for sale with an engine other than a 3.8-liter V6 engine RPO L36. Any of the above models sold with an engine other than a 3.8-liter V6 engine RPO L36 are not included and are not eligible to make a claim.

Group B Covered Repairs: Repairs necessitated by engine coolant sealing issues, including replacement of throttle body gasket, upper intake manifold gasket, lower intake manifold gasket, or intake manifold.

GROUP C VEHICLES

Model years 1995-2000

Equipped with 4.3-liter V6 engine
Chevrolet Blazer, Chevrolet S-10
GMC Envoy, Jimmy, S-15
Oldsmobile Bravada

Group C Covered Repairs: Repairs necessitated by cooling-system sludge, including cooling-system flush, heater core repairs, water pump repairs, or radiator cap replacement. “Sludge” refers to a rust-like material that can form in the cooling system and whose formation is related to use of Dex-Cool.

If you own one of the models listed above, but (i) with a different engine size than what is listed, or (ii) the vehicle was manufactured using a lower intake manifold gasket other than a nylon/silicone gasket, or (iii) the vehicle is a Group A vehicle manufactured after April 9, 2003, then you are not covered by the settlement and are not eligible to file a claim.
Settlement Benefits

Under the proposed settlement, GM will send cash reimbursements to class members who paid for Covered Repairs performed within seven years or 150,000 miles (whichever is earlier) after the original owner or lessee took delivery of the vehicle, and who submit timely and valid claims.

The amount of reimbursement for which you are eligible depends on (i) when the Covered Repair was performed and (ii) the amount you actually paid, as described below:

1. For a Covered Repair made within five years after initial vehicle delivery:
You are eligible to be reimbursed the documented amount you paid out-of-pocket up to $400, if you were not previously fully reimbursed.

However, if you can document that the Covered Repair required you to pay over $1,500 to address an internal coolant leak, your reimbursement level may be different. If so, you can elect to request reimbursement of 40% of the amount you paid out-of-pocket up to $800, if you were not previously fully reimbursed.

(An internal coolant leak means that coolant leaked from one vehicle component into another component. Whereas an external coolant leak means that coolant leaked from inside a vehicle component to the exterior of the vehicle.)


2. For a Covered Repair made in the sixth year after initial vehicle delivery:
You are eligible to be reimbursed the documented amount you paid out-of-pocket up to $100, if you were not previously fully reimbursed.


3. For a Covered Repair made in the seventh year after initial vehicle delivery:
You are eligible to be reimbursed the documented amount you paid out-of-pocket up to $50, if you were not previously fully reimbursed.

If you paid for more than one Covered Repair (whether on the same vehicle or on different vehicles included in the proposed settlement), you may make a separate claim for each repair.
Your Options

MAKE A CLAIM. To make a claim for a reimbursement under the proposed settlement, you must submit each of the following documents and fully complete the claim statement or your claim may be denied:

(a.) Completed Claim Statement; (b.) Proof of repair payment; and (c.) Proof of ownership or lease.

Claims must be postmarked or submitted online no later than October 27, 2008.

For more details on claim submission requirements, please consult the Claim Statement, Notice or FAQs.

REQUEST TO BE EXCLUDED. If you wish to exclude yourself from the class, you must submit a letter or postcard to the Claims Administrator at the address listed on the Claim Statement form, such that it is received on or before August 13, 2008, requesting exclusion from the settlement Class.

For more details on exclusion procedures, please consult the Notice or FAQs.

OBJECT OR COMMENT. If you are a class member and do not exclude yourself, you may object to or comment on all or part of the proposed settlement. This includes plaintiffs’ counsel’s request for attorneys’ fees, expenses, and incentive awards for the named plaintiffs. Objecting is not the same as excluding yourself. If you object and the proposed settlement is approved, you will still be bound by the final judgment and your claims will be released.

You must deliver your objections or comments to the Court by filing them in person at any location of the Alameda County Superior Court that includes a facility for civil filings or by mailing them to Clerk of the Court at the address listed below, with copies to Co-Lead Counsel for the class and GM’s counsel. They must be received no later than August 13, 2008. The mailing addresses for the Clerk of the Court, Co-Lead Counsel, and GM’s counsel are listed in both the Notice and the FAQs on this website.

For more details on filing objections, please consult the Notice or FAQs.
Fairness Hearing

On August 29, 2008 at 11:00 a.m., a hearing will be held before the Honorable Robert B. Freedman, in Department 20 of the California Superior Court for Alameda County, County Administration Building, 1221 Oak Street, Oakland, California 94612. The purpose of the hearing is for the Court to decide whether the proposed settlement is fair, reasonable, and adequate and should be approved. The Court will also decide whether a final judgment should be entered dismissing this lawsuit and the amount of attorneys’ fees and expenses and incentive awards to class representatives. This hearing may be postponed without further notice to the class.
Please note the following important dates: Date Case-Related Event
October 27, 2008 Claim Statement Deadline
August 13, 2008 Request for Exclusion Deadline
August 13, 2008 Objection Filing Deadline
August 29, 2008
at 11:00 a.m. Fairness Hearing
 
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