May 6, 2024

Federal Judge Greenlights Brake Defect Lawsuit Against Ferrari

We filed an amended class action complaint against Ferrari for a serious safety defect in numerous vehicles equipped with defective brake booster/master cylinder assemblies manufactured by Bosch.

What Are Class Actions?

In cases where multiple consumers suffer financial or physical harm caused by a product, they often come together to file a single lawsuit known as a Class Action. The case at hand is related to an Auto Class Action.

When a manufacturer produces a defective vehicle, it breaks the consumerā€™s trust in the manufacturer. The car may become unsellable or require costly repairs not covered by insurance. In summary, the consumer does not receive what was promised or what they paid for.

Brake Defect Breakdown

The defect with the braking system causes the vehicles to experience a sudden loss of braking ability without any warning to the driver.

Plaintiffs and other Class members report loss of braking ability in all driving conditions, including on busy highways and rush hour traffic, placing the driver and others on the road at an increased risk of injury.

Lawsuit Timeline

  • In 2021, Ferrari issued a recall for specific models, but the problem was more widespread.
  • In July 2022, Ferrari expanded its recall to include 23,555 vehicles. Now, almost every Ferrari sold in the U.S. since 2005 is part of the recall.
  • On December 5, 2022, Beasley Allen attorneys filed an Amended Class Action Complaint against Ferrari S.p.A. and Robert Bosch GMBH.
  • On April 7, 2023, Ferrari moved to dismiss the Plaintiffsā€™ amended complaint.
  • On March 20, 2024, Judge James Semper granted in part and denied in part Ferrariā€™s motion to dismiss. Plaintiffs can now move forward with, among other claims, their fraud by omission and negligent misrepresentation claims.

Now, the road to trial begins. The parties are currently engaged in the early stages of jurisdictional discovery.

The case is Rose, et al., v. Ferrari North America, Inc. et all 2:21-cv-20772, filed in the United States District Court for the District of New Jersey.

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