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Navistar MaxxForce Advanced EGR Diesel Engine National Class Action

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NAVISTAR MAXXFORCE ENGINE CLASS ACTION AND SETTLEMENT

Make your claim now on the Settlement Website.



If you live in Quebec and purchased or leased a 2011-2014 model year Navistar vehicle equipped with a MaxxForce 11-, 13-, or 15-litre engine, you could be a Class Member able to participate in a Class Action and potential Settlement.

If the Settlement is approved, depending on your months of ownership or lease, you may be entitled to up to $2,500 cash per Class Vehicle, up to a $10,000 rebate for a new heavy duty truck, or up to $15,000 as reimbursement for certain proven costs.

A hearing is set on October 20, 2021, at 9:30 a.m., at the Annex of the Longueuil Courthouse, when the Superior Court of Quebec will be requested to approve a Settlement Agreement.

The lawyers will present a recent modification to the Settlement Agreement, that they consider beneficial to the class members.

The hearing is public and any interested person may attend.

A notice to this effect is available here: Avis Public / Public Notice

This notice is only a summary. For more information, visit www.maxxforcesettlement.ca or call 1-888-876-0851.

A Class Action has been authorized to proceed against Navistar Canada ULC, Navistar, Inc., and Navistar International Corporation (the "Defendants"). The lawsuit claims that the Defendants sold or leased vehicles equipped with a defective EGR emissions system. The Defendants deny these allegations but have agreed to a Settlement. The Settlement must be approved by the Superior Court of Quebec.

Who is included? You may be eligible if you live in Quebec and owned or leased a 2011-2014 model year Navistar vehicle equipped with a MaxxForce 11-, 13-, or 15-litre engine certified to meet EPA 2010 emissions standards without selective catalytic reduction technology.

What are my options?

1. If you are eligible and want to be included in the Class and the Settlement (if approved), you do not need to do anything now. You will be notified again if the Settlement is approved by the Court.

2. You may exclude yourself from the Class by filling out and mailing the Exclusion Form to the Clerk of the Court by October 1, 2021. If you do not exclude yourself by October 1, 2021, you will be bound by the outcome of the Class Action, including the Settlement (if approved). To exclude yourself, please visit www.maxxforcesettlement.ca or call 1-888-876-0851.

3. You may object to the Settlement by providing notice of your objection to the Court, the Defendants’ lawyers, and Class Counsel by October 1, 2021. For information on how to object, please visit www.maxxforcesettlement.ca or call 1-888-876-0851.

What happens next? The Court will hold a hearing on October 20, 2021 at 9:30 a.m. to decide whether to approve the Settlement, including Class Counsel fees and a plaintiff indemnity. You do not need to attend.

Do I need a lawyer? Class Members are represented by Class Counsel — Jeff Orenstein of Consumer Law Group Inc. You will not be charged for Class Counsel’s work. You may contact Mr. Orenstein at [email protected]. If you want to be represented by your own lawyer, you may hire one at your own expense.

How do I get more information? Please visit www.maxxforcesettlement.ca or call 1-888-876-0851.

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CONSUMER LAW GROUP has launched a Canada-wide class action lawsuit against Navistar, Inc., Navistar Canada Inc., and Navistar International, Inc. on behalf of all residents in Canada who own or lease a vehicle equipped with a 2008, 2009, 2010, 2011, 2012, and 2013 Navistar MaxxForce Advanced EGR diesel engine.

The class action involves the serious and pervasive design defect with the MaxxForce Advanced EGR diesel engine powering the Navistar vehicles causing them to not function as required and as represented on a consistent and reliable basis, even after repeated warranty repairs and replacements.

These repeated warranty repairs and replacements failed to repair or correct the Advanced EGRs' defects resulting in damages, including diminished value of the vehicles powered by MaxxForce Engines, the costs to re-power the vehicles with diesel engines that are compliant with the EPA Emission Standards and out of pocket expenses resulting from breakdowns.

Examples of the engine failures caused by the defect include:

- Repeated instances of check engine lights illuminating;
- Engine derating;
- Exhaust leaks;
- Cooling failures;
- Bearing and belt failures;
- EGR sensor failure;
- EGR valve failure;
- EGR cooler failure;
- EGR system failure;
- A/C blower and compressor failures;
- Hose/connector clogging and failure;
- DPF clogging;
- Cooling system failure; and
- Other issues that prevented the vehicles from functioning as warranted and represented.

The class action lawsuit identifies the group of affected persons as:

All persons, entities or organizations resident in Canada who purchased and/or leased trucks, buses, tractors, and other heavy duty vehicles with a model year 2008 through 2013 Navistar 11, 13 and 15 litre MaxxForce Advanced EGR diesel engine and/or MaxxForce 7, MaxxForce DT, MaxxForce 9 and MaxxForce 10 mid-range diesel engines (collectively “MaxxForce Engines” or “Engines”).

If you or someone you know owns or leases a a vehicle equipped with a 2008-2013 Navistar MaxxForce Advanced EGR diesel engine and you wish more information on potential compensation or to be kept advised of the status of the Navistar MaxxForce Advanced EGR Diesel Engine Class Action litigation or any resulting compensation resulting from Navistar MaxxForce Advanced EGR Diesel Engine Class Action Lawsuit in Canada, Quebec or Ontario, please provide your contact information to our law firm using the below form.

IF YOU WISH TO JOIN THE CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE FORM BELOW. Please note that providing your information creates no financial obligation for you. You are not charged any fee or cost for joining this class action. Our law firm is paid a contingency fee from the compensation recovered, only if the class action is successful. All information contained in this transmission is confidential and Consumer Law Group agrees to protect this information against unauthorized use, publication or disclosure.

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Class Action: Navistar MaxxForce Advanced EGR Diesel Engine National Class Action
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Disclaimer: The Consumer Law Group website is not intended to create an attorney-client relationship between you and the firm. By submitting your information to us, you are not creating an attorney-client relationship with the firm, although the information will be kept confidential. An attorney-client relationship may be formed only after we check for conflicts of interest and the firm and you sign a mandate agreement. The firm may contact you about your legal claim to discuss representation options. Because of the volume of e-mails, we cannot promise to respond to every submission.

In any class action lawsuit, it is the court that approves who will be eligible for participation in the class. If you feel you may qualify for damages or remedies that might be awarded in this class action litigation, we request you fill out the above form to help us determine if you are a legitimate member of the class or to make sure you get any court mailings about the case. However, the return of the above form does not guarantee you any type of compensation.


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