Car complaints, car problems and defect information

CarComplaints.com / February 24, 2007

ST. LOUIS -- The push for a national class action lawsuit against GM for problems related to their Dex-Cool coolant suffered a setback Friday, when a U.S. federal judge ruled that national class action status would be too complicated.

U.S. District Court Judge G. Patrick Murphy rejected the Dex-Cool class action by ruling that the magnitude of the class action, combined with the wide array of state laws involved, would make it impossible to cover all claims under one national class action. The decision can be appealed, but GM vehicle owners may ultimately be forced to pursue claims either in statewide class actions or as individual cases against General Motors.

The class action contends that in over 35 million GM vehicles manufactured from 1995 to 2004, GM's "Dex-Cool" coolant caused serious car problems such as plugged radiators from coolant sludge, as well as head gasket and intake gasket failure possibly resulting in engine damage. GM marketed Dex-Cool coolant as good for 150,000 miles or 5 years without needing to be flushed and replaced with new coolant.

The law firms involved are seeking national class action status to include plaintiffs from 47 U.S. states. A number of statewide class action lawsuits have been filed, although two of those have been rejected already in Michigan and California. Another class action goes to trial in Missouri in November 2007.

• Girard Gibbs LLP (California)
• Cohen, Milstein, Hausfeld & Toll, PLLC (New York, Washington D.C., Illinois & Pennsylvania)
• Cory Watson Crowder & DeGaris (Alabama)