Yet ANOTHER Class Action Suit | Ford Explorer Forums - Serious Explorations

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Yet ANOTHER Class Action Suit


Moderator In Memoriam
Elite In Memoriam
July 18, 1999
Reaction score
City, State
Annapolis, MD
Year, Model & Trim Level
'97 Limited
Published: June 17, 2000
Date of revision: None
Source: Scott McKay
Robert Lane, staff writer

The United States district court has denied Ford's motion to dismiss a lawsuit filed by the Miami law firm Campbell and Associates on behalf of 1999 Ford Mustang Cobra SVT owners. The suit was filed in the Southern District of Florida by lead attorney Scott McKay.

The court will allow the putative class action to proceed on four counts:
1. Deceptive and Unfair Trade Practice Act
2. Fraudulent Misrepresentation
3. Negligent Misrepresentation
4. Unjust Enrichment

The U.S. court denied the following charges:
1. Breach of contract and breach of Implied Covenant of Good Faith and Fair Dealing.
2. Breach of express or implied warranty.

The two counts were dropped primarily due to the fact that "individuals did not buy the Cobras directly from Ford (they were bought through dealers), the owners and lessees lacked necessary privity to maintain either a contract or warranty action." said attorney Scott McKay. Mr. McKay also noted that he is considering amending the complaint "to attempt to state a cause of action for these counts."

The case will proceed in Miami, Florida U.S. District Court. A Federal judge will soon decide whether or not the case is appropriate to be treated as a class. Scott McKay will be in Dearborn, Michigan later this month to take the depositions of key Ford employees associated with the 1999 Ford Mustang Cobra SVT.