Diaz, et al. v. FCA US LLC

On June 24, 2021, Berger Montague and co-counsel filed a class action against Fiat Chrysler Automobiles (FCA) alleging a defect in the rear differential in FCA high performance vehicles, which include Model Year (“MY”) 2015-2022 Dodge Charger Hellcats and Dodge Challenger Hellcats equipped with the 6.2L Supercharged V8 (including Super Stocks, RedEyes, and Jailbreaks), all 2015-2022 Dodge Challengers and Chargers equipped with the 6.4L V8 engine (including Scat Packs and 1320’s), 2018 Dodge Demons, and any variants of the aforementioned vehicles equipped with the 6.4L or 6.2L V8 engine.

A rear differential is a component on the rear axle in all rear-wheel-drive vehicles designed to compensate for the difference in distance between the inner and outer rear wheels when the vehicle is in motion. Specifically, the rear differential allows the rear tires to move in the same direction while rotating at different speeds.

The Complaint

Plaintiffs allege that the rear differential is not adequately designed for the torque loads of the engines and transmissions exerted during acceleration. Accordingly, the high torque loads degrade the differential, causing the rear differential and its internal components to fail. The damage to the differential not only results in an uncomfortable and unsafe driving condition, it imposes escalating repairs and repair costs on consumers, including having to replace the defective differential with a new differential.

Further, when the differential fails, it often explodes, sending shrapnel into the undercarriage of the vehicle and damaging ancillary parts that also require repair or replacement. It appears all consumers will need a replacement of the rear differential before the end of the useful life of the differential and are at risk for significant damage to their vehicles if the differential explodes as a result of the premature failure.

Case Updates

Currently, Plaintiffs’ First Amended and Supplemental Class Action Complaint is before the Court, which adds allegations that on March 20, 2023, in Las Vegas, Nevada, FCA revealed the 2023 Dodge Demon, exhibiting the vehicle in a display which compared, side-by-side, the defective rear differential which is the subject of the litigation with the rear differential developed for the 2023 Demon, showing that FCA knew about the defective rear differentials in prior models and fixed the defect for the new model only. Russell Paul, Amey Park, Abigail Gertner and Natalie Lesser are responsible for this matter.

If you have purchased or leased a vehicle and experienced a defect which impacted the safety of the vehicle and has resulted in economic losses, please contact Berger Montague.  Our award-winning lawyers are available to speak with you free of charge.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented.

Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.