Mayer Brown wins motion to dismiss in alleged GM vehicle defect suit

Mayer Brown successfully secured the dismissal of a complaint in a putative class action in the United States District Court for the Central District of California. The case involved allegations of a paint defect in certain General Motors (GM) vehicles.

In a decisive ruling, the Court dismissed the plaintiffs' fraud-based and express warranty claims with leave to amend, and dismissed the plaintiffs’ remaining claims for breach of implied warranty, strict products liability, unjust enrichment, and equitable and injunctive relief with prejudice. Most notably, the Court agreed that the plaintiffs had not adequately pled any of their fraud-based claims because none of the allegations, including 20 exhibits attached to the complaint, supported an inference that GM had knowledge of the alleged paint defect before the sale of the plaintiffs’ vehicles. Additionally, the Court concluded that the plaintiffs had not alleged a viable theory of breach of express warranty—either because the plaintiffs did not allege they presented their vehicles during the warranty period, or because they did not allege GM refused to repair the vehicle. 

The team includes partners John Nadolenco and Andy Demko, and associates Libby Anderson (who argued the motion) and Remy Merritt.

"We are pleased with the court's ruling, which underscores the strength of our legal arguments and the diligence of our legal team," said John Nadolenco, managing partner of Mayer Brown’s Los Angeles office and global co-leader of the Technology Industry Group. "This decision allows GM to continue to defend itself against these claims in a manner that is fair and just." 

The case is Lyman et al. v. General Motors LLC.

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