A putative class action alleges a brake defect in certain 2006-2012 ML-Class, GL-Class, and R-Class Mercedes vehicles “leads to partial or total loss of braking capability.” According to the complaint, the defect is present from the point of purchase, and it manifests a result of accumulating moisture in the brake booster housing unit, which causes corrosion.
The lawsuit is filed against Mercedes-Benz USA, LLC, Mercedes-Benz Aktiengesellschaft, and Mercedes-Benz Group Aktiengesellschaft (collectively, Mercedes). The allegedly affected vehicles, according to the complaint, are Mercedes (Models/Model Years):
- AMG R63/2007
- GL320/2007-2009
- GL350/2010-2012
- GL450/2007-2012
- GL550/2008-2012
- ML320/2007-2009
- ML350/2006-2011
- ML450/2010-2011
- ML500/2006-2007
- ML550/2008-2011
- R320/2007-2009
- R500/2006-2007
- AMG ML63/2007-2011
- R350/2006-2012
- R550/2008
The plaintiffs raise claims including breach of warranty, fraud by concealment or omission, negligent misrepresentation, unjust enrichment, and violation of state consumer law. They contend Mercedes have known of the defect since at least June 15, 2009, when it issued a Technical Service Bulletin to its dealers warning of the dangerous impact corrosion could have on the brakes of the vehicles at issue. However, the plaintiffs claim, Mercedes did not conduct a safety recall of the vehicles until May 2022, and acknowledged the severity of the defect by advising owners not to drive their vehicles until the issue was remedied.
The lawsuit seeks remedies including ordering Mercedes to institute a program to repair or replace the brake defect in all class vehicles and/or buyback all class vehicles.
The case is Robinson v. Mercedes-Benz USA, LLC, et al., case number 1:22-cv-02900-CPO-SAK, in the U.S. District Court for the District of New Jersey.
