Class Action GM Eight-Speed Transmission Lawsuit Hits A Snag

Mark114 · 01-06-2021, 05:13 PM

The article claims that this is GM’s defense:

GM has argued that these claims should be thrown out, as its express warranty only covers defects that relate to materials and workmanship, and not design defects. The suits claim that all 8L45E and 8L90E transmissions experience these problems, which implies the problems are related to a design defect instead, the automaker said.

https://gmauthority.com/blog/2021/01...t-hits-a-snag/

nprario · 01-06-2021, 05:23 PM

So what is the definition of workmanship? Could it include poor design? The art and skill of the engineers might be in question here but heck I'm no attorney. I have a 6 speed so not invested in this but either way seems like a pretty thin position IMHO.

HCI2000SS · 01-06-2021, 05:24 PM

Since when is a automaker not responsible for a design flaw. That is the most retarded thing I've ever heard

grampa_ss · 01-06-2021, 05:28 PM

I didn't have issue....not even once. I live in very dry climate though, which I believe is a big factor.

UnknownJinX · 01-06-2021, 05:31 PM

So basically, all manufacturers should just be able to get away with crappy designs then, because design defects aren't a warranty item.

200 IQ big brain logic right here. It's not like people can say, "Can't have problems with a GM car if you don't buy one."

Sent from toaster or something

Yang N’ Bang · 01-06-2021, 05:40 PM

So by that logic, guess takata isn’t to blame for all those faulty airbags either eh?

17Blk1LE · 01-06-2021, 06:00 PM

GM will fail again, because they are the most un customer friendly. And that's why dealerships will fill there customers with BS stories just because they know General Motors can care less about their customers. When they fail Cotton Head Joe will bail them out once again. Why do you think fossil Joe drives a Chevy?

CHASLT1 · 01-06-2021, 06:13 PM

Under 400 miles on my new 2019 C7 and i had shudder.

95 imp · 01-06-2021, 06:36 PM

That must mean I'm not violating the warranty because I put a blower on the car either.

The blower works fine, it's the engine that failed.

I`m Batman · 01-06-2021, 06:59 PM

Design defects... Make sense. Otherwise people would sue Range Rover, Mercedes, Renault, BMW, Volvo, Maserati, Alfa Romeo, Ducati... oh the list goes on.
They don't last very long before they all take a poop... or super high maintenance cost.

metros11 · 01-06-2021, 07:07 PM

That's a piss poor way to strand your customers and not take accountability for your faults.

Doc Oc · 01-06-2021, 07:14 PM

Quote:

Originally Posted by 17Blk1LE

GM will fail again, because they are the most un customer friendly. And that's why dealerships will fill there customers with BS stories just because they know General Motors can care less about their customers. When they fail Cotton Head Joe will bail them out once again. Why do you think fossil Joe drives a Chevy?

GM repaid the loan in under 5 years, it saved the company, and now you're able to drive a Camaro. And old sleepy Joe did it while still spending less in their first term than Comrade Trump did over the last four years.

arpad_m · 01-06-2021, 07:16 PM

According to the article, GM expressly admitted to the 8Lxx having design defects that are capable of causing the complaints in the action, which is very significant.

From this point on it's a matter of warranty coverage interpretation, which a good class action lawyer should have a field day with. Unless the warranty specifically excludes design defects (the legality of which is already questionable), I'm sure there are a million precedents of implied design defect coverage.

Even looking at it from a common sense point of view, the first question the judge needs to ask when hearing this defense is "whose name is on the design documents, patents and trademarks?", "GM? well, then GM are the party responsible for the adequacy of said designs to their stated purpose".

The Takata airbag example is a good parallel, too, and there are many others, tires, fuel tanks etc.

BTW I'm not even part of this lawsuit, my A8 has been perfect (knocking on wood) and I'll let those with problems share in the payout, if any. One less mouth to feed from the "proceeds" if this ever goes anywhere

90503 · 01-06-2021, 08:58 PM

Their design defect argument seems weak. If that were the case, they would have never done any warranty work, fluid flushes, replacements, etc., on any of these transmissions.
What a turd argument, and so late in the game it doesn't pass the smell test.

The design defect excuse is terrible PR will only make dealer repair and warranty experiences less customer friendly than ever. Good grief. If they expect everyone to swallow this bad design business on new cars that run crappy, they will suffer huge sales losses in the future.

01-06-2021, 05:13 PM	#1
Mark114 Drives: 2016 2SS Convertible Join Date: May 2012 Location: St. Louis, MO Posts: 1,711 View My Garage	Class Action GM Eight-Speed Transmission Lawsuit Hits A Snag The article claims that this is GM’s defense: GM has argued that these claims should be thrown out, as its express warranty only covers defects that relate to materials and workmanship, and not design defects. The suits claim that all 8L45E and 8L90E transmissions experience these problems, which implies the problems are related to a design defect instead, the automaker said. https://gmauthority.com/blog/2021/01...t-hits-a-snag/

01-06-2021, 05:28 PM	#4
grampa_ss Drives: 2016 Camaro 2SS Join Date: Apr 2017 Location: Stansbury Park, Utah Posts: 1,092	I didn't have issue....not even once. I live in very dry climate though, which I believe is a big factor. __________________ 2016 2SS, MRC, NPP, A8. Procharger P-1X,Stage II,std bypass, 3.9, Alky Meth - 10.84 @129 - DA+2000 New Mods - GPI drop ins, Kooks 2", LT4 fueling, Cam, Circle D Converter, 3.5 pulley & dual nozzle meth.

01-06-2021, 05:31 PM	#5
UnknownJinX Drives: 19 Chevrolet Camaro 2SS 1LE Shock Join Date: Apr 2020 Location: BC, Canada Posts: 1,947	So basically, all manufacturers should just be able to get away with crappy designs then, because design defects aren't a warranty item. 200 IQ big brain logic right here. It's not like people can say, "Can't have problems with a GM car if you don't buy one." Sent from toaster or something __________________ Current: 2019 Chevrolet Camaro 2SS 1LE M6 Shock GM Performance Intake and that's it, because driver mods before car mods Past: 2009 Mazda RX-8 GT M6 Velocity Red Mica (Sold) 2015 Chevrolet Corvette Z51 2LT M7 Velocity Yellow Tintcoat (Flood totaled)

01-06-2021, 06:36 PM	#9
95 imp Dumb Ass Deluxe Drives: A Tricked Out Mountain Bike Join Date: Jun 2019 Location: Arizona Posts: 1,959	That must mean I'm not violating the warranty because I put a blower on the car either. The blower works fine, it's the engine that failed. __________________

01-06-2021, 07:16 PM	#13
arpad_m Drives: 2018 Camaro 2SS A8 Join Date: Jul 2017 Location: East Tennessee Posts: 11,611 View My Garage	According to the article, GM expressly admitted to the 8Lxx having design defects that are capable of causing the complaints in the action, which is very significant. From this point on it's a matter of warranty coverage interpretation, which a good class action lawyer should have a field day with. Unless the warranty specifically excludes design defects (the legality of which is already questionable), I'm sure there are a million precedents of implied design defect coverage. Even looking at it from a common sense point of view, the first question the judge needs to ask when hearing this defense is "whose name is on the design documents, patents and trademarks?", "GM? well, then GM are the party responsible for the adequacy of said designs to their stated purpose". The Takata airbag example is a good parallel, too, and there are many others, tires, fuel tanks etc. BTW I'm not even part of this lawsuit, my A8 has been perfect (knocking on wood) and I'll let those with problems share in the payout, if any. One less mouth to feed from the "proceeds" if this ever goes anywhere __________________ 2018 Camaro 2SS — G7E MX0 NPP F55 IO6 735 rwhp \| 665 rwtq Magnuson TVS 2300 80mm pulley \| Kooks 1 7/8" LT headers \| JRE smooth idle terminator cam \| LT4 FS & injectors \| TSP forged pistons & rods JMS PowerMAX \| DSX flex fuel kit \| Roto-Fab CAI \| Soler 95mm LT5 TB \| 1LE wheels \| 1LE brakes \| BMR rear cradle lockout \| JRE custom tune 1100 - 1/30/18 \| 2000 - 1/31/18 3000 - 2/06/18 TPW 2/26/18 3400 - 2/19/18 \| 3800 - 2/26/18 4300 - 2/27/18 \| 4B00 - 3/01/18 4200 - 3/05/18 \| 4800 - 3/14/18 5000 - 3/16/18 \| 6000 - 3/19/18

01-06-2021, 05:23 PM	#2
nprario Drives: 2017 1ss 1le HBM Join Date: Jun 2020 Location: Temecula Posts: 122	So what is the definition of workmanship? Could it include poor design? The art and skill of the engineers might be in question here but heck I'm no attorney. I have a 6 speed so not invested in this but either way seems like a pretty thin position IMHO.

01-06-2021, 05:24 PM	#3
HCI2000SS Drives: 2018 Camaro V6/RS Join Date: Nov 2018 Location: MI Posts: 1,596	Since when is a automaker not responsible for a design flaw. That is the most retarded thing I've ever heard

01-06-2021, 05:40 PM	#6
Yang N’ Bang 17’ Hyper Blue 2SS Drives: 17’ Camaro 2SS Join Date: Nov 2018 Location: Phoenix Arizona Posts: 225 View My Garage	So by that logic, guess takata isn’t to blame for all those faulty airbags either eh?

01-06-2021, 06:00 PM	#7
17Blk1LE Drives: 2017 Black Camaro SS 1lE Join Date: May 2017 Location: The real upstate NY Posts: 111	GM will fail again, because they are the most un customer friendly. And that's why dealerships will fill there customers with BS stories just because they know General Motors can care less about their customers. When they fail Cotton Head Joe will bail them out once again. Why do you think fossil Joe drives a Chevy?

01-06-2021, 06:13 PM	#8
CHASLT1 Drives: 2021 Camaro LT1 Join Date: Sep 2020 Location: Tampa FL area Posts: 795	Under 400 miles on my new 2019 C7 and i had shudder.

01-06-2021, 06:59 PM	#10
I`m Batman Drives: 2016 Camaro SS M6 Join Date: Oct 2016 Location: Colorado Posts: 393	Design defects... Make sense. Otherwise people would sue Range Rover, Mercedes, Renault, BMW, Volvo, Maserati, Alfa Romeo, Ducati... oh the list goes on. They don't last very long before they all take a poop... or super high maintenance cost.

01-06-2021, 07:07 PM	#11
metros11 Drives: 2018 SS 1LE Join Date: Apr 2017 Location: North Jersey Posts: 776	That's a piss poor way to strand your customers and not take accountability for your faults.

01-06-2021, 08:58 PM	#14
90503 Drives: 2011 2SS/RS LS3 Join Date: Nov 2011 Location: Torrance Posts: 14,426	Their design defect argument seems weak. If that were the case, they would have never done any warranty work, fluid flushes, replacements, etc., on any of these transmissions. What a turd argument, and so late in the game it doesn't pass the smell test. The design defect excuse is terrible PR will only make dealer repair and warranty experiences less customer friendly than ever. Good grief. If they expect everyone to swallow this bad design business on new cars that run crappy, they will suffer huge sales losses in the future.

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