GL1800Riders Forums banner

1 - 16 of 16 Posts

·
Registered
Joined
·
4,738 Posts
Discussion Starter #1
I got to searching the Honda site for information (boy, some good improvements to the HRCA Owner Link if you are a member, including access to the service manuals -- neat) and somehow came across the following Honda press release dated today. Concerns a Proposed Settlement for a Class Action suit as a result of the overheating problem on the 01-03 models. I have highlighted the proposed settlement portion if you want to scan down to that. Sounds pretty good.

UPDATE: Just got back to the link via Honda front page, "The Story", and "Press Releases" -- can find it at:
http://powersports.honda.com/the_story/press/
Dave
==========================================

3.2.2004
NOTICE OF CLASS ACTION, PROPOSED SETTLEMENT AND HEARING


SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

GREGORY S. AYALA and DAVID BILSKE,on behalf of themselves and all others Similarly situated, Plaintiffs,v.AMERICAN HONDA MOTOR CO., INC.and DOES 1 through 100, Defendants. Case No. BC 285240 CLASS ACTION

NOTICE OF PENDENCY OF CLASS ACTION,

PROPOSED SETTLEMENT AND HEARING

To: All persons and entities within the United States, Puerto Rico and the U.S. Virgin Islands who own Honda Gold Wing GL-1800 motorcycles, model years 2001 through 2003, as of [the date the court enters an Order of Preliminary Approval of the Settlement].

This is a notice of a proposed settlement of class action litigation that may affect your rights. A state court in California authorized this notice. Please read this notice carefully. It describes the proposed settlement (“Settlement”) and those who may be entitled to benefits under it. A court hearing will be held to consider the fairness, reasonableness and adequacy of the Settlement.

You do not need to respond to this notice in order to receive the benefits of the Settlement. However, if you do not wish to participate in the Settlement, you must take the steps described in this notice by April 9, 2004. Otherwise, you may be bound by all of the Settlement terms.

I. WHY SHOULD I READ THIS NOTICE?

You may be a member of the Settlement Class (defined and discussed below). This is a class action lawsuit that the parties have proposed to settle. If the Settlement is approved by the Court, your legal rights may be affected. This notice describes the claims made in this lawsuit and the effect of the Settlement.

II. THE LITIGATION

A class action lawsuit is pending in the Superior Court of the State of California, Los Angeles County, entitled Ayala, et al. v. American Honda Motor Co., Inc., Case Number BC 28524. The lawsuit was filed by two individuals “plaintiffs” on behalf of all persons and entities in the United States, Puerto Rico and the U.S. Virgin Islands who were owners of Honda Gold Wing GL-1800 motorcycles, model years 2001 through 2003, as of February 17, 2004, against American Honda Motor Co., Inc. (“Honda”).

Plaintiffs allege that Honda knowingly sold Gold Wing GL-1800 motorcycles with a design defect that resulted in the overheating of the engine when riding in first gear at steady low speeds. Plaintiffs asserted claims on behalf of all current Gold Wing GL-1800 owners for violations of the Unfair Business Practices Act (California Business & Professions Code §§ 17200 et seq.), the Consumer Legal Remedies Act (California Civil Code §§ 1750 et seq.), reformation of express warranty, breach of implied warranty and fraud in connection with Honda’s design, testing, manufacture and marketing of these motorcycles. Honda denies the claims asserted by plaintiffs and denies that it is liable in any way to plaintiffs or the Settlement Class.

Plaintiffs, through the attorneys for the Settlement Class (“Class Counsel”) and their experts, completed a thorough investigation of the engine overheating condition, which included a review of thousands of pages of documents, interviews of Honda personnel and third parties, and performance testing of the Gold Wing GL-1800 motorcycles under extreme conditions. After extensive arms’-length negotiations extending over several months, including two full-day mediation sessions with a retired judge serving as mediator, the parties entered into a final Settlement Agreement. This Settlement was reached after Class Counsel weighed the risks and benefits to the Settlement Class of this Settlement compared with those of continuing the litigation. The factors that Class Counsel considered included the uncertainty and delay associated with continued litigation, a trial and appeals, and the uncertainty of various legal issues that have yet to be determined. Class Counsel balanced these and other substantial risks against the very substantial benefits provided by the Settlement in determining that the Settlement is fair, reasonable and adequate in light of all circumstances, and in the best interests of the Settlement Class Members. Honda has agreed to this Settlement because, although it denies the claims asserted by plaintiffs, it wishes to avoid the uncertainty and expense of further protracted litigation and to put to rest a controversy with its valued customers.

III. SUMMARY OF SETTLEMENT TERMS

A settlement has been reached in the litigation between plaintiffs and Honda, as set forth in the Settlement Agreement, dated January 23, 2004, on file with the Court. The Settlement was negotiated with Honda by Class Counsel. Class Counsel believe that this Settlement is fair, adequate, reasonable, and in the best interests of the Settlement Class. The Court preliminarily approved the Settlement on February 17, 2004. This notice provides only a summary of the terms of the Settlement Agreement. For any terms not specifically defined in this notice, they have the definitions given to them in the Settlement Agreement. A complete copy of the Settlement Agreement may be obtained as set forth in Section VII of this notice.

A. The Settlement Class. The Settlement Class includes all persons and entities within the United States, Puerto Rico and the U.S. Virgin Islands who owned Honda Gold Wing GL-1800 motorcycles, model years 2001 through 2003, as of February 17, 2004. Excluded from the Settlement Class are the following entities and persons: (a) Honda, its subsidiaries and affiliates, officers, directors, and employees; (b) persons who have filed separate non-class legal actions against Honda asserting claims substantially similar to those alleged in the Class Action; (c) persons who have settled with and validly released Honda from individual claims substantially similar to those alleged in the Class Action, and (d) persons who timely and validly request exclusion from the Settlement Class.

B. Settlement Benefits. The Settlement provides two forms of relief for all Settlement Class Members: a Product Improvement Campaign and a Two-Year Extended Limited Warranty.

i. The Product Improvement Campaign

In June 2003, after consultation with Class Counsel and their experts, Honda initiated a Product Improvement Campaign to replace the engine control modules (“ECMs”) of Class Vehicles. Pursuant to the campaign, Honda agreed (if requested by the owner) to replace the ECM, inspect cylinder head coolant capacity, inspect left side radiator outlet, inspect/install coolant gauge sub-harness and pressure test cooling system. The campaign is voluntary and free of charge to the owner.

The campaign began following the commencement of the litigation. Class Counsel were aware of the terms of the campaign and provided input to the notice which Honda disseminated to all Settlement Class Members in June 2003. The goal of the campaign is to decrease the possibility of the engine overheating during certain riding conditions. As part of the Settlement, Honda has agreed to extend the campaign through December 31, 2006 for all owners of Class Vehicles (including both Settlement Class Members and subsequent owners of Class Vehicles).

ii. The Two-Year Extended Limited Warranty

Honda will also provide all Settlement Class Members with two additional years of limited warranty coverage for Class Vehicles’ engines and cooling systems, excluding transmissions and power trains. The extended limited warranty coverage will commence upon the expiration of the original limited vehicle warranty or upon expiration of any purchased Honda Protection Plan extended warranty, whichever is later. The extended limited written warranty will be fully transferable. All conditions, limitations and disclaimers and similar provisions in Honda’s limited written vehicle warranty, other than the time limitation, shall apply during the period of the extended warranty.

Honda will allow any Settlement Class Member to purchase a Honda Protection Plan extended warranty at any time during the three year period to which the new vehicle warranty coverage applies.


C. Effect of Membership in the Settlement Class. If you fall within the definition of the Settlement Class, you are automatically a member of the Settlement Class unless you exclude yourself (“opt out”) by following the procedures for exclusion set forth in this Notice. Settlement Class Members are eligible to receive the benefits under the Settlement and will be bound by the Settlement if it is approved by the Court. Persons who exclude themselves from the Settlement Class will not be bound by the Settlement and will not share in its benefits.

D. Releases. The Settlement is intended to settle all claims that were or could have been asserted by the plaintiffs or any Settlement Class Member. If the Settlement is approved, all of the Settlement Class Members will release Honda, Honda Motor Co., Ltd., Honda R&D Co., Ltd., Honda R&D North America, Inc., Honda North America, Inc., Honda of America Mfg., Inc., all Honda related companies involved in the development, design, testing, manufacturing, assembly, distribution and sale of Honda GL 1800 motorcycles, model years 2001, 2002 and 2003, all authorized Honda motorcycle dealers, and each of such entities’ present and former officers, directors, employees, agents, heirs, executors, administrators, successors, reorganized successors, spin-offs, assignees, subsidiaries, affiliates, parents, divisions, and predecessors (collectively, “Released Parties”) from any and all claims or causes of action that were or could have been asserted by the plaintiffs or any Settlement Class Member relating to the engine overheating condition (“Released Claims”). The Released Claims may include claims, demands, rights, liabilities and causes of action that are not known or suspected to exist as of the date that the release becomes effective and, nevertheless, members of the Settlement Class will still release any such Released Claims, and further waive any rights, benefits, or protections of California Civil Code § 1542 or any comparable statutory or common law provision of any other jurisdiction to the contrary. In no event, however, does the Settlement release or intend to release any claim for personal injury, physical damage to property or wrongful death against Honda or the Released Parties.

E. Fees and Costs. At the Settlement Hearing, Class Counsel will apply to the Court for: (1) an award of attorneys’ fees, including reimbursement of actual expenses and costs incurred and the fees of any experts or consultants incurred in connection with prosecuting the Litigation; and (2) incentive awards for the named plaintiffs. Class Counsel, in compensation for their time and risk in prosecuting the Litigation on a wholly contingent fee basis, intend to apply to the Court for an award of attorneys’ fees and expenses incurred in the prosecution of the litigation in the amount of $1.4 million. Class Counsel will also apply for incentive awards of $7,500 for each of the named representative plaintiffs to be paid from the award of Class Counsel’s attorneys’ fees and expenses, in consideration for their services rendered on behalf of the Settlement Class throughout the litigation. These fees and expenses will be paid by Honda, pursuant to the terms of the Settlement Agreement. Neither the award of attorneys’ fees and expenses nor the incentive awards will reduce the benefits provided to the Settlement Class described above.

IV. CLASS COUNSEL

The Court has designated the following law firms to represent the Settlement Class and serve as Class Counsel: Gilman and Pastor, LLP, Stonehill Corporate Center, 999 Broadway, Suite 500, Saugus, MA 01906 and Schubert & Reed LLP, Two Embarcadero Center, Suite 1660, San Francisco, CA 94111.

V. RIGHTS AND OPTIONS OF CLASS MEMBERS AND RIGHT TO REQUEST EXCLUSION FROM THE SETTLEMENT CLASS

You have the following options:

A. Do Nothing and Remain a Settlement Class Member. If you wish to participate in the Settlement, you do not need to do anything. If you were an owner of a Gold Wing GL-1800 motorcycle, model years 2001 through 2003, on February 17, 2004 you are a member of the Settlement Class. As a Settlement Class Member, you will be represented by Class Counsel and will have the right to participate in the Settlement. If the Settlement is approved by the Court, the Settlement will result in a release and dismissal of your claims. As a member of the Settlement Class, you will not be charged for the services of Class Counsel.

B. Remain a Settlement Class Member and Object to the Settlement. You may remain a member of the Settlement Class and, on your own or through an attorney retained by you at your expense, object to the certification of the Settlement Class, to the terms of the Settlement and/or to the application for attorneys’ fees and expenses. To do so, you or your own attorney must file a written objection, which must contain: (1) your full name, current address and telephone number; (2) the model year and Vehicle Identification Number of your motorcycle; (3) a statement whether the motorcycle was new when purchased by you; (4) the specific reason(s) for your objection; (5) any and all factual and legal grounds, including evidence and supporting papers (including, without limitation, all briefs, written evidence, and declarations) that you would like to the Court to consider. If you wish to appear at the Settlement Hearing (discussed below) and be heard, you may do so only if you indicate your desire to appear personally in your written objection. Objections and any supporting papers or brief, must be filed with the Clerk of the Court and served on counsel for Honda and Class Counsel no later than April 9, 2004. Counsel for Honda and Class Counsel shall be served at the following addresses:

Counsel for HondaClass Counsel

Roy M. Brisbois Daniel D’Angelo

Lewis Brisbois Bisgaard Gilman and Pastor, LLP

& Smith Stonehill Corporate Center

221 North Figueroa Street, 999 Broadway, Suite 500

Suite 1200Los Angeles, Saugus, MA 01906

CA 90012

If you do not comply with these procedures by the deadline for objections, you will lose any opportunity to have your objection considered at the Settlement Hearing or otherwise to contest the approval of the Settlement or to appeal from any orders or judgments entered by the Court in connection with the Settlement.

Filing an objection does not exclude you from the Settlement Class. If your objection is overruled, you will be bound by the terms of the Settlement.

C. Exclude Yourself from the Settlement Class. You are not required to participate in this Settlement and you may exclude yourself from the Settlement Class. If you are a Settlement Class Member, but do not wish to remain in the Settlement Class, you may exclude yourself (“opt out”) and we will have no further contact with you on this issue. If you exclude yourself from the Settlement Class, you will lose any right to participate in the Settlement. You will also lose the right to have your objections to the Settlement considered by the Court before it rules on the Settlement. You will be free to pursue any claims you may have against Honda and/or any of the other Released Parties on your own behalf, but you will not be represented by Class Counsel. In order to exclude yourself from the Settlement Class, you must submit a request for exclusion, which must contain: (1) your full name, current address and telephone number; (2) the model year and Vehicle Identification Number of your motorcycle; (3) a statement whether the motorcycle was new when purchased by you; and (4) a specific statement of your intention to exclude yourself from this lawsuit (for example, “Please exclude me from the Settlement Class in the Gold Wing GL-1800 Litigation.”). Requests for exclusion must be postmarked no later than April 9, 2004 and sent to counsel for Honda and Class Counsel at the addresses listed in Section VB above.

If you do not comply with these procedures by the deadline for exclusions, you will lose any opportunity to exclude yourself from the Settlement Class, and your rights will be determined in this lawsuit by the Settlement Agreement it if is approved by the Court.

VI. FAIRNESS HEARING AND RIGHT TO APPEAR

A hearing will be held on April 26, 2004 at 10:00 AM in Department 309 of the Superior Court of California, County of Los Angeles, 600 S. Commonwealth Ave., Los Angeles, California, 90005, for the Court to consider and determine whether the Settlement, including the award of attorneys’ fees and costs, should be approved as fair, reasonable, and adequate (the "Fairness Hearing"). The Fairness Hearing may be continued or rescheduled by the Court without further notice.

If you wish to participate in the Settlement, you do not need to do anything at the present time. If you choose to participate in the Settlement as described above, your claims against Honda and certain third parties will be released and will be dismissed by the Court.

If you do not wish to object to the Settlement, it is not necessary to appear at the Fairness Hearing. However, any member of the Settlement Class may appear at the Fairness Hearing personally or through counsel to object or express such Settlement Class Member's view regarding the Settlement. No member of the Settlement Class shall be heard at the Fairness Hearing unless on or before April 9, 2004, such Settlement Class Member files an intention to appear with the Clerk of the Superior Court, including any and all papers to be considered by this Court at said Fairness Hearing, and serves copies of such papers on counsel for Honda and Class Counsel at the addresses listed in Section VB above.

VII. FURTHER INQUIRY AND INSPECTION OF PAPERS

This Notice contains only a summary of the terms of the Settlement. For a more detailed statement of the matters involved in this Class Action, members of the Settlement Class are referred to the pleadings, to the Settlement Agreement, and to other papers filed in this action. The pleadings and other papers filed in this action are public records available for your inspection at the offices of the Clerk, Superior Court of California in and for Los Angeles County, 600 S. Commonwealth Ave., Los Angeles, California 90005.

If you wish to communicate directly with Class Counsel or have any questions for them, you may contact Gilman and Pastor, LLP, by mail at Stonehill Corporate Center, 999 Broadway, Suite 500, Saugus, MA 01906, by telephone at (781) 231-7850, or by email at [email protected] (please write “Honda Class Action” in the subject line).

PLEASE DO NOT WRITE OR TELEPHONE THE COURT FOR INFORMATION ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.

Dated: February 17, 2004 The Honorable Anthony J. Mohr

Judge of the Superior Court
 

·
Resident BBQ Expert
Joined
·
13,862 Posts
to make a very long story short, nothing.

they already have agreed to do the so called fix. many of us have alreday purchased four year warranty extensions, so the two year extra warranty is only a benifit to those who have not.

like most class action suits, lots of papers and lawyers getting fat, but really nothing for joe buyer.

loren
 
F

·
Guest
Joined
·
0 Posts
loren said:
to make a very long story short, nothing.

they already have agreed to do the so called fix. many of us have alreday purchased four year warranty extensions, so the two year extra warranty is only a benifit to those who have not.

like most class action suits, lots of papers and lawyers getting fat, but really nothing for joe buyer.

loren
Go back & reread the red highlighted potion.....the extra two yrs starts when your regular warranty or the extended warranty ends, which ever is later.
 
G

·
Guest
Joined
·
0 Posts
The extended limited warranty coverage will commence upon the expiration of the original limited vehicle warranty or upon expiration of any purchased Honda Protection Plan extended warranty, whichever is later.
Dammit, Tom...quit typing so fast! :roll:
 

·
Registered
Joined
·
4,738 Posts
Discussion Starter #5
And...

...and the work they did in replacing the ECM, checking the heads, etc is part of the settlement also. Who knows, perhaps they would not have been as up-front on this without the suit going on in the background.

I'll take the 2 years extra on the engine. What the heck. 9 years total with unlimited mileage -- not bad.

Now, if there really is a change on the 2005 GW, will have to see what that entails. And, if interested, I think I would wait until it is really checked out before I trade up.
 

·
Registered
Joined
·
543 Posts
I may have missed the other threads on this overheating subject, what did they do to the 2004's to fix this? Since the Class Action is for owners of 2001 - 2003 Goldwings? Or has this Class Action suit taken this long to get out, and the 2004's were not yet out when this petition began?

Thanks!

Just looking out for us new owners of this wonderful bike..... :wink: any 2004 overheating problems?
 

·
Registered
Joined
·
1,441 Posts
My understanding on the overheat issue is that the 04's have the upgraded ecm and any redesign on the heads which seemed to be the cause in earlier models.
 

·
Registered
Joined
·
12,417 Posts
GREGORY S. AYALA and DAVID BILSKE.

If in fact this is all true, you guys have done one hell of a service for all of us '01 - '03 jockeys.

My "Hat" is off to both of you.

Bulldog
 

·
Registered
Joined
·
221 Posts
Class Counsel, in compensation for their time and risk in prosecuting the Litigation on a wholly contingent fee basis, intend to apply to the Court for an award of attorneys’ fees and expenses incurred in the prosecution of the litigation in the amount of $1.4 million. Class Counsel will also apply for incentive awards of $7,500 for each of the named representative plaintiffs to be paid from the award of Class Counsel’s attorneys’ fees and expenses, in consideration for their services rendered on behalf of the Settlement Class
They also get a very fat $1.4 million check for their services which includes $7,500ea for 100 of their friends DOES 1-100
 

·
Registered
Joined
·
20,951 Posts
looks like the lawyers have made out well again. The next new wing will cost even more thanks to lawyers. I Think in this case we and Honda would have been better off without the HELP from the lawyers. Between the blood sucking lawyers and insurance companies the entire country is in serious trouble. As you may have noticed I don't like the way this country is being molested by the means of lawyers and insurance, wish I knew a good way to resolve the problems but I don't. JMO
 

·
Registered
Joined
·
2,625 Posts
I CAN absolutley beyond any shodow of doubt tell you this is absolutley true. I have been in contact with Greg off and on for a very long time.
As a matter of fact Greg is the guy who recomended the guy that rebuilt my seat. He told me about his Lawsuit ! But asked that I keep it to myself. This has been a very long process. Hey Congrads GREG !
YOU DA MAN ! Big Time ! :yes:
 

·
Registered
Joined
·
816 Posts
Great News

I regret that the attny's get 1.4 million out of this. However, I believe that two additional years warranty on the engine is a fair resolution. I've had the ECM change, and so far it has worked. I "may" look for a new bike prior to the end of the warranty, but honestly unless there is a big change in the design of the bags, a big issue with me, I don't see the need. I have too much invested just to make a change. If I was riding a 1500, or had 50,000 miles + but I'm not. With 7,500 miles it's not even broken in yet.
 

·
Registered
Joined
·
191 Posts
Now we have to wait until April to find out what the REAL settlement will be. I wouldn't be surprised if Honda bargained the two years extended warranty down to 6 months :lol: It's just good to see that someone can go up against such a big corporation and apparently come out the winner. I applaud these two men :clap2: - Sue
 
F

·
Guest
Joined
·
0 Posts
cycledude said:
looks like the lawyers have made out well again. The next new wing will cost even more thanks to lawyers. I Think in this case we and Honda would have been better off without the HELP from the lawyers. Between the blood sucking lawyers and insurance companies the entire country is in serious trouble. As you may have noticed I don't like the way this country is being molested by the means of lawyers and insurance, wish I knew a good way to resolve the problems but I don't. JMO
Ya know, if it hadn't been for the lawyers Honda might never have admitted to a cooling problem & fixed it with a recall....there, also, wouldn't be another two yr warranty extension either.
 

·
Registered
Joined
·
3,894 Posts
Yes, if corporate greed did not intervine, OLD Honda may and should have just resolved the issues on their own. This is how UNIONS got started, just to keep basic rights for the little guy. Even the greed weeps into these too!
 

·
Fire Eating Member
Joined
·
6,473 Posts
Class action Law suit

I just received my letter from the Court of California.. about this class
action law suit.. about the defects on the GL1800.. I know there will be lots of thoughts on this subject.. Its gonna be interesting..

What are yalls thoughts on this ?

thanks

cosmic
 
1 - 16 of 16 Posts
Top