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Case ID: 2534 | Automotive | 09/22/2003
The parties have reached a tentative $7.35 million settlement in a class action against Sears, Roebuck and Company on behalf of all persons throughout the United States who purchased the Sears AccuBalance tire balancing service between May 1, 1989, and June 30, 1994. The action alleged that Sears did not consistently carry out all steps of the process even though customers paid for the entire service. Proof of claims forms must be postmarked no later than November 1, 2003, to be considered valid.
The settlement provides several benefits to class members, depending upon the circumstances of each class member: 1) If a class member purchased AccuBalance between the specified dates and still possesses a Sears Auto Center receipt to verify that purchase, he or she will be eligible to receive either $2.50 in cash for each tire serviced with AccuBalance, up to a maximum of $10 total, or a Sears Auto Center coupon with a face value of $20. 2) Class members who do not possess an Auto Center receipt, but for whom Sears has a record that they might have purchased AccuBalance, will be eligible to receive either $1.25 in cash for each tire serviced with AccuBalance, up to a maximum of $5 total, or a Sears Auto Center coupon with a face value of $10. 3) Those class members who do not have an Auto Center receipt and for whom Sears has no record that they might have purchased AccuBalance will be eligible to receive only a $3 Sears Auto Center coupon. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for August 1, 2003. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Automotive Cases of Interest Three lawsuits have been filed in Superior Court by Formula One fans angry over the decision to run the U.S. Grand Prix with only six cars. Several class actions have been filed against auto manufacturer DaimlerChrysler AG (NYSE:DCX) and certain of its officers and directors by foreign stockholders who purchased the securities of DaimlerChrysler AG between November 17, 1998, and November 17, 2000, including those former foreign shareholders of Chrysler Corporation who surrendered their Chrysler shares in connection with the merger of Chrysler and Daimler-Benz on November 17, 1998. The actions claim that the defendants violated federal securities laws by misrepresenting the nature of the merger as a ‘merger of equals’ to avoid paying an acquisition premium to Chrysler shareholders. A national class action has been filed in Utah against German automaker Volkswagen of America, Inc. The action is brought in behalf of all U.S. residents who have purchased or leased 2002-2003 Volkswagen Jetta automobiles with factory installed heated seats. The Jetta owners allege that the seats are defective and overheat, causing property damage and bodily harm. The action only seeks to establish a fund to repair and or replace the defective seats, it does not seek any damages for personal injury. The action is brought under the theory of strict liability, claiming the seats were a defective design as well as claims for breach of implied and express warranties, negligence and a failure to warn Jetta drivers of the risk of harm and property damage. An action was commenced against the University of British Columbia on January 11, 2005 alleging its parking practises to be unlawful. Specifically, it is alleged that between September 1, 1990 and the present, UBC unlawfully collected fines, towing fees, storage charges, administration fees and other expenses pursuant to their Parking Regulations.
On December 20, 2006 Mr. Justice Goepel certified that Barbour v. The University of British Columbia may proceed as a class action. CCC Information Services Inc., a subsidiary of CCC Information Services Group Inc. announced July 13, 2005 it and 15 of its customers signed a settlement agreement with the plaintiffs in various class action suits pending in Madison County, Illinois. The consolidated suits relate to the valuation of vehicles that have been declared total losses by insurers. The theory of diminished value asserts that buyers choosing between two otherwise equal vehicles will select one that has not been previously damaged and repaired, even where the repairs to the other vehicle were first-rate. On July 10, 2003, the court gave final approval to a settlement, apparently valued at $825,000, in a class action on behalf all persons insured by an automobile insurance policy issued in Georgia by American Manufacturers Mutual Insurance Company, American Protection Insurance Company, or Lumbermen's Mutual Casualty Company and who made a claim for damage to their vehicles under their collision, comprehensive or uninsured motorist coverage over a specified time period. Though there is no claims deadline at this time, persons who are eligible to take part in the settlement who have not received a notification letter should act as soon as possible to alert the company of their eligibility. |
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