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Illinois Truck Drivers File Motion to Have First Defective Navistar Trial in mdl

Illinois Truck Drivers File Motion to Have First Defective Navistar Trial

August 18, 2017
In a large Multi-District Litigation (MDL) case concerning allegedly defective diesel engines manufactured by Navistar, a group of plaintiffs has filed a motion to request that those plaintiffs who reside in Illinois have their cases heard first.

The motion requests that the Illinois federal judge presiding over the case use a bellwether-class procedure to decide the case, thereby potentially speeding along the case’s resolution and protecting the livelihoods of plaintiffs and the defendant in the process.

At issue in the case is whether 2010-2013 Navistar MaxxForce 11, 13, or 15 engines have a defectively integrated emissions system. The company altered these engines to meet U.S. Environmental Protection Agency (EPA) standards, but used a nontraditional method to do so. Navistar used a gas-recirculation process; most other manufacturers used catalytic reduction technology. As a result, the suits allege, Navistar’s engines get far hotter than is safe; excessively hot engine parts can damage other parts of the engine and create unsafe conditions.

The case is ongoing in Illinois federal court.

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