In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liability Litigation
In re Navistar MaxxForce Engine Settlement
Case No. 1:14-cv-10318

Frequently Asked Questions

 

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  • The Notice was approved by the Court and summarizes the proposed Settlement.  You have been identified as a potential Class Member who may have owned or leased a Class Vehicle that is covered by this Settlement.  You have legal rights and options that you may exercise before the Court decides whether to approve the Settlement.  For the precise terms and conditions of the Settlement, please review the Settlement Agreement, available on the Important Documents page.  Judge Joan B. Gottschall of the United States District Court for the Northern District of Illinois is overseeing this class action.  The lawsuit is known as In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liability Litigation, Case No. 1:14-cv-10318.

  • The lawsuit claimed that Defendants sold or leased vehicles equipped with a 2011-2014 model year MaxxForce 11- or 13-liter diesel engine equipped with a defective EGR emissions system and that if Named Plaintiffs had known of the defect, they would not have purchased or leased their vehicles or would have paid less for the vehicles than they did.  Defendants deny all of the allegations in the lawsuit and that they did anything wrong.

  • In a class action lawsuit, one or more people called Named Plaintiffs sue on behalf of other people who have similar claims.  The people together are a Class or Class Members.  The companies they sued are called the Defendants.  One court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves, or Opt Out, of the Class.

     

  • The Court did not decide in favor of Named Plaintiffs or Defendants.  Instead, both sides agreed to a Settlement.  That way, they avoid the risk and cost of a trial, and the people affected will be eligible for compensation.  The Named Plaintiffs and Co-Lead Class Counsel believe the proposed Settlement confers substantial benefits on the Class and have determined that the Settlement is in the best interest of the Class and represents a fair, reasonable, and adequate resolution of the lawsuit.

    Defendants deny the claims in the lawsuit; deny all allegations of wrongdoing, fault, liability, or damage to the Named Plaintiffs and the Class; and deny that they acted improperly or wrongfully in any way.  Defendants nevertheless recognize the expense and time that would be required to defend the lawsuit through trial and have taken this into account in agreeing to this Settlement.

  • To see if you will get money from this Settlement, you first have to decide if you are a Class Member.

  • You may look up your VIN here to see if the vehicle is included in the class and information on the compensation for which you may be eligible.

    Judge Gottschall decided that everyone who fits this description and does not fall under the exclusions below is a Class Member: All entities and natural persons who owned or leased a 2011-2014 model year vehicle equipped with a MaxxForce 11- or 13-liter engine certified to meet EPA 2010 emissions standards without selective catalytic reduction technology, provided that vehicle was purchased or leased in any of the fifty (50) States, the District of Columbia, Puerto Rico, or any other United States territory or possession.

    If you leased a Class Vehicle from any party other than Navistar for more than 30 days, both the lessor (owner) and lessee of the Class Vehicle are Class Members and are each eligible for half of the Cash Option or Rebate Option for the time period of the lease.  Sufficient Proof of Ownership or Lease is required.  Each lessor and lessee may instead independently elect the full Individual Prove-Up Option.

    If you leased a Class Vehicle from Navistar or its dealers for more than 30 days, you are a Class Member and are eligible for the same Options as if you had purchased the Class Vehicle.

    Any Class Vehicle that you leased for 30 days or less is not included in the Class, as explained in the next paragraph.  Instead, the owner of the Class Vehicle who leased it to you may submit a claim for the Cash Option or Rebate Option for the time period of the lease.

    Excluded from the Class are:  (1) all federal court judges who have presided over this Litigation and any members of their immediate families; (2) all entities and natural persons that have litigated claims involving Class Vehicles’ allegedly defective EGR emissions system against Navistar to final, nonappealable judgment (with respect to those vehicles only); (3) all entities and natural persons who, via a settlement or otherwise, delivered to Navistar releases of their claims involving Class Vehicles’ allegedly defective EGR emissions system (with respect to those vehicles only); (4) Defendants' employees, officers, directors, agents, and representatives, and their family members; (5) any Authorized Navistar Dealer of new or used vehicles; (6) any person or entity that purchased a Class Vehicle solely for the purposes of resale (with respect to those vehicles only); (7) any person or entity that was a lessee of a Class Vehicle for fewer than thirty-one (31) days (with respect to those vehicles only); and (8) Idealease and Navistar Leasing Co. (lessees of Class Vehicles for more than thirty (30) days from these entities are part of the Class).

  • A Class Vehicle is defined as all 2011-2014 model year vehicles equipped with a MaxxForce 11- or 13-liter engine certified to meet EPA 2010 emissions standards without selective catalytic reduction technology.  

    You may look up your VIN here to see if your vehicle is included in the class.

  • If you are still unsure whether you are included, you can call or email the Settlement Administrator at info@MaxxForce11and13.com or 1-833-222-1176.

    You may look up your VIN here to see if your vehicle is included in the class.

  • The Settlement creates a common fund that includes a Cash Fund of $85 million that will be used to pay approved claims from Class Members who elect the Cash Option or Prove-Up Option and a Rebate Fund of $50 million that will be made available to Class Members with approved claims who elect the Rebate Option.

    For each Class Vehicle, you may elect only one of the following options for monetary compensation: Cash Option, Rebate Option, or Individual Prove-Up Option.

    The Cash Option provides a payment based on months of ownership or lease of up to $2,500 per Class Vehicle.  Each demonstrated month of ownership or lease is eligible for the following amounts, subject to certain limitations:

    Class Vehicle Model Year Monetary Amount
    2011 $26.59/month
    2012 $29.07/month
    2013 $33.33/month
    2014 $39.06/month

    The Rebate Option provides a rebate based on months of ownership or lease worth up to $10,000 for each Class Vehicle owned or leased towards the purchase of a new Navistar Class 8 heavy-duty truck.  The rebates are deducted from the best negotiated retail purchase price (not including sales tax or delivery fees) and in addition to any other applicable promotion, rebate, or discount then in effect at the time of purchase and for which both the purchase and the purchaser would otherwise qualify.  The rebates are not transferable and not stackable, and no Class Member will be issued more than ten rebates.  Each demonstrated month of ownership or lease is eligible for the following amounts, subject to certain limitations:

    Class Vehicle Model Year Monetary Amount
    2011 $106.36/month
    2012 $116.28/month
    2013 $133.32/month
    2014 $156.24/month

    The Individual Prove-Up Option provides the option for a Class Member to prove up to $15,000 of Covered Costs per Class Vehicle.  Any Class Member who initially selects the Individual Prove-Up Option may instead switch to the Cash Option at any time prior to the final determination of their award.  Covered Costs are defined in the Settlement Agreement, available on the Important Documents page.

    To qualify for payment, you must submit a Claim Form.  You may submit a claim form online by clicking here.  If you are unable to complete the online form, you will be able to download a Claim Form from the Important Documents page or request that one be mailed to you by calling the Settlement Administrator toll-free at 1-833-222-1176 or emailing the Settlement Administrator at info@MaxxForce11and13.com.  Online Claim Forms must be submitted on or before May 11, 2020.  If you submit a Claim Form by mail, it must be postmarked on or before May 11, 2020.  Mail claims and supporting documentation to:

    In re Navistar MaxxForce Engine Settlement
    c/o JND Legal Administration
    PO Box 91317
    Seattle, WA 98111

    You may be asked for additional information.  Follow all instructions on the Claim Form and make sure to inform the Settlement Administrator of any changes in your address after you have submitted your Claim Form.

  • Class Members who submit timely claims along with the required documentation may be entitled to monetary compensation for each Class Vehicle. Before filing your claim, you may view preliminary calculations of the amount you might receive under the Cash Option or Rebate Option. You may then file claims online or by mail.

    Review the three options for compensation below and decide which option you prefer for each Class Vehicle you owned or leased. You may choose only one option for each Class Vehicle. Once you have chosen the best option for you, complete the Options for Compensation section of this Claim Form. If you owned or leased more than one Class Vehicle, complete and attach additional pages for each Vehicle. If you leased a Vehicle from Navistar for more than 30 days, you will recover on the same terms as Class Vehicle owners.

    If you leased a Vehicle for 30 days or less, you are not a Class Member, but the owner of the Vehicle may submit a claim for the period of the lease. If you leased a Vehicle from a party other than Navistar for more than 30 days, both you and the owner are each eligible for half of the Cash or Rebate Options for the period of the lease. As an alternative, the lessor and/or lessee may instead each select the Prove-Up Option. The rebates are deducted from the best negotiated retail purchase price (not including sales tax or delivery fees) and are in addition to any other applicable promotion, rebate, or discount then in effect at the time of purchase and for which both the purchase and the purchaser would otherwise qualify. The rebates will expire 18 months after the date that the rebate certificates are sent to qualifying Class Members. The rebate is not transferable and not stackable. No Class Member may select the Rebate Option for more than ten Class Vehicles.

    Option 1 - Cash Option:

    If you select the Cash Option, you will receive a payment based on months of ownership or lease up to $2,500 per Class Vehicle. Each demonstrated month of ownership/lease is eligible for the listed amounts, subject to certain limitations.

    MODEL YEAR MONETARY AMOUNT
    2011 $26.59/month
    2012 $29.07/month
    2013 $33.33/month
    2014 $39.06/month

    Option 2 - Rebate Option:

    If you select the Rebate Option, you will receive a rebate worth up to $10,000 per Class Vehicle based on months of ownership or lease.  The rebate may be applied toward the purchase of a new Navistar Class 8 heavy-duty truck.   Each demonstrated month of ownership/lease is eligible for the listed rebate amounts, subject to certain limitations.

    MODEL YEAR MONETARY AMOUNT
    2011 $106.36/month
    2012 $116.28/month
    2013 $133.32/month
    2014 $156.24/month

    Option 3 - Individual Prove-Up Option:

    For each Class Vehicle a Class Member owned or leased, a Class Member may seek to prove up to $15,000 per truck for documented Covered Costs incurred as a result of a Covered Event. Covered Costs and Covered Events are defined below. Each claim must be supported by reasonable contemporaneous or third-party documentation supporting the occurrence of the Covered Event and the amount of damages suffered as a result.

    A Covered Event is (1) a service event for repair or replacement of a Primary Component; or (2) a service event for repair or replacement of a Secondary Component that occurs within 30 days of a service event for repair or replacement of a Primary Component. Covered Events do not include service events where the repair or replacement of a Primary Component was provided for by an Authorized Field Change or Misbuild Investigation Notice.

    PRIMARY COMPONENT
    EGR Cooler
    EGR Valve
    SECONDARY COMPONENTS
    Lambda Sensor
    Oxygen Sensor
    Oil Centrifuge
    Valve/Seat (Intake) and Valve/Seat (Exhaust)
    Valve Bridge
    Cylinder Head (when accompanied by a Valve/Seat (Intake) and Valve Bridge repair)
    Turbochargers
    Total Engine Replacement or Rebuild (must show a Turbochargers failure)
    Diesel Particulate Filter
    DOC/Pre-DOC

    Covered Costs are any of the following costs that (1) were actually incurred as a result of a Covered Event, (2) are established by reasonable contemporaneous or third-party documentation, and (3) for which the Class Member has not already been compensated: actual repair costs, including parts, labor, and towing; rental trucks; lost revenue (from a particular load lost at the time of the Covered Event); travel costs (hotel, airfare, meals, etc.); employee wages (limited to five days); permits; and loading/unloading. There are mileage limits on parts and labor recovery. Parts and labor incurred as a result of a Covered Event that occurred when the Class Vehicle had between 500,001 miles and 1,000,000 miles are capped at seven-thousand five-hundred dollars ($7,500). Please review the Settlement Agreement for additional details or call toll-free 1-833-222-1176. All costs not listed above are excluded and will not be compensated.

  • Consult your appropriate owner's manual.

  • The Court will hold a hearing on November 13, 2019, to decide whether to approve the Settlement.  If Judge Gottschall approves the Settlement after that, there may be appeals.  It’s always uncertain whether those appeals can be resolved, and resolving them can take time, perhaps more than a year.  Please be patient.

  • If Class Members’ claims would result in Navistar paying more than $85 million from the Cash Fund, but Class Members have claimed less than $50 million from the Rebate Fund, Navistar will transfer the unclaimed amount from the Rebate Fund (up to $35 million) into the Cash Fund.  If Class Members claim more than $50 million from the Rebate Fund, but Navistar has paid less than $85 million from the Cash Fund, Navistar will transfer the unpaid amount from the Cash Fund into the Rebate Fund.  If Class Members claim more than $50 million from the Rebate Fund and total Class Member claims would result in Navistar paying more than $85 million from the Cash Fund, both Cash Fund claims and Rebate Fund claims will be reduced on a pro rata basis.

  • Unless you exclude yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case.  It also means that all of the Court’s orders will apply to you and legally bind you.  If you sign the Claim Form, you will agree to a Release of claims which describes exactly the legal claims that you give up if you get Settlement benefits.  The Release is defined and detailed in the Settlement Agreement, which is available on the Important Documents page.

  • If you don’t want a payment from this Settlement, but you want to keep the right to sue or continue to sue Defendants, on your own, about the legal issues in this case, then you must take steps to get out.  This is called excluding yourself or opting out of the Settlement Class.

  • The deadline to exclude yourself from the Settlement passed on October 10, 2019.

  • No.  Unless you exclude yourself, you will be bound by the Final Order and Judgment, and you give up the right to sue Defendants for the claims that this Settlement resolves.  If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.  You must exclude yourself from this Class to continue your own lawsuit.

  • No.  If you exclude yourself, do not submit a Claim Form to ask for any money.  But, you may sue, continue to sue, or be part of a different lawsuit against Defendants.

  • The Court has appointed Jonathan D. Selbin of Lieff Cabraser Heimann & Bernstein, LLP, Adam J. Levitt of DiCello Levitt Gutzler LLC, and William M. Audet of Audet & Partners LLP to represent you and other Class Members.  Together, the lawyers are called Co-Lead Class Counsel.  You will not be charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Co-Lead Class Counsel will ask the Court for attorneys’ fees and expenses up to $40,000,000 and a payment of $25,000 for each of the Named Plaintiffs.  The Court may award less than these amounts.  The fees and expenses that the Court approves will be paid from the Cash Fund.  The costs to administer the Settlement will also be paid from the Cash Fund.  Co-Lead Class Counsel’s Motion for Attorneys’ Fees and Costs will be available on the Important Documents page once it has been filed.

  • You can tell the Court that you don’t agree with the Settlement or some part of it.

  • The deadline to object to the Settlement passed on October 10, 2019.

  • Objecting is simply telling the Court that you don’t like something about the Settlement.  You can object only if you stay in the Class.  Excluding yourself is telling the Court that you don’t want to be part of the Class.  If you exclude yourself, you have no basis to object because the case no longer affects you.

  • The Court will hold a hearing to decide whether to approve the Settlement.  You may attend and you may ask to speak, but you don’t have to.

  • The Court will hold a Fairness Hearing at 10:00 a.m. on November 13, 2019, at the United States District Court for the Northern District of Illinois, Courtroom 2325, 219 South Dearborn Street, Chicago, IL 60604.  At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.  If there are objections, the Court will consider them.  Judge Gottschall will listen to people who have asked to speak at the hearing.  The Court may also decide how much to pay Co-Lead Class Counsel.  After the hearing, the Court will decide whether to approve the Settlement.  We do not know how long these decisions will take.

  • No. Co-Lead Class Counsel will answer any questions Judge Gottschall may have, but you are welcome to come at your own expense.  If you send an objection, you don’t have to come to Court to talk about it.  As long as you mailed your written objection on time, the Court will consider it.  You may also pay your own lawyer to attend, but it’s not necessary.

  • You may ask the Court for permission to speak at the Fairness Hearing.  To do so, you must send a letter saying that it is your “Notice of Intention to Appear in In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liability Litigation."  Be sure to include your name, address, telephone number, and your signature.  Your Notice of Intention to Appear must have been postmarked by October 10, 2019, and be sent to the Clerk of the Court, Co-Lead Class Counsel, and Defense Counsel, at the three addresses in Question 18.  You cannot speak at the hearing if you excluded yourself.

  • If you do nothing, you’ll get no money from this Settlement.  And, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues in this case ever again.

  • The Notice summarizes the proposed Settlement.  More details are in the Settlement Agreement.  You can get a copy of the Settlement Agreement and other important case documents on the Important Documents page.

  • You can call toll-free 1-833-222-1176, email info@MaxxForce11and13.com, or review this website, where you will find answers to common questions about the Settlement, an online Claim Form, and important documents related to the Settlement.  You should check this website regularly for updates on the case.

    You may also contact one of the following attorneys appointed by the Court to serve as Co-Lead Class Counsel:

    Jonathan D. Selbin
    LIEFF CABRASER HEIMANN
    & BERNSTEIN, LLP
    250 Hudson Street, 8th Floor
    New York, New York 10013
    Phone: (212) 355-9500

    Adam J. Levitt
    DiCELLO LEVITT GUTZLER LLC
    Ten North Dearborn Street, 11th Floor
    Chicago, Illinois 60602
    Phone: (312) 214-7900

    William M. Audet
    AUDET & PARTNERS
    711 Van Ness Avenue, Suite 500
    San Francisco, California 94102
    Phone: (415) 568-2555

    PLEASE DO NOT CONTACT THE COURT REGARDING THE NOTICE.

For More Information

Visit this website often to get the most up-to-date information.

Telephone
Mail

In re Navistar MaxxForce Engine Settlement
c/o JND Legal Administration
PO Box 91317
Seattle, WA 98111-9417