A lawsuit that alleged that due to a defect, “Tesla Literally Catches on Fire Worldwide,” has been preliminarily approved for class action settlement. A final approval hearing is scheduled for June 16, 2022. The class notice is to be mailed by March 21, 2022, with objections/exclusions due by May 5, 2022.
The class is defined as follows:
All U.S. residents who, anytime during the period from May 15, 2019 through September 1, 2020, owned or leased a Tesla Model S vehicle that experienced a limitation of maximum battery voltage as the result of the software update issued by Tesla in May 2019. Excluded from the Settlement Class are any Judge presiding over this Action, the members of his or her immediate family, and Tesla and its officers and directors.
According to the August 2019 complaint, Tesla knew batteries of certain vehicles were defective and pushed out software updates despite knowing the vehicles would then lose range and performance. The complaint cites purported instances of Tesla batteries catching fire in countries around the world—while sitting in traffic or parked. After investigating one such fire, Tesla issued software updates to all Model S and X cars, but such updates allegedly severely limited the maximum amount of battery capacity available in those vehicles. The lawsuit contends Tesla violated federal and state laws.
The settlement order provides that the parties agree it does not constitute an admission of the validity of any claims or defenses, or of any liability or wrongdoing by Tesla.
The case is David Rasmussen, an individual, on behalf of himself and all others similarly situated v. Tesla, Inc., d/b/a Tesla Motors, Inc., case number 5:19-cv-04596-BLF, in the United States District Court for the Northern District of California.
You can read the Court's preliminary approval below: