If you ever owned or leased a truck, bus or other vehicle with certain Caterpillar engines, you may be entitled to a payment from a class action settlement.
A $60 million Settlement has been reached in a class action lawsuit about whether Caterpillar Inc. (“Caterpillar” or “Defendant”) brand engines with exhaust emission control systems, known as the CAT Regeneration System (“CRS”), failed to work reliably, causing its C13 and C15 on-highway diesel engines to lose horsepower and shut down and requiring Caterpillar authorized dealer technicians to repair the Engines, which they allegedly could not effectively do. The Defendant denies the allegations in the lawsuit, and the Court has not decided who is right.
The Settlement offers payments to current and former owners and lessees of vehicles with EPA 2007 Compliant Caterpillar On Highway C13 and C15 engines (manufactured in 2006, 2007, 2008, and 2009) (“Subject Engines”). If you are a Class Member, you must file a claim in order to receive a payment.
The lawsuit alleges that CAT’s exhaust emission control system, known as the CAT Regeneration System (“CRS”), failed to work reliably, causing its EPA 2007 Compliant Caterpillar On Highway C13 and C15 engines (manufactured in 2006, 2007, 2008 and 2009), including the CRS components incorporated therewith (“Subject Engines”) to derate (lose horsepower) and shut down, requiring CAT-authorized, dealer technicians, to repair the Subject Engines, which they allegedly could not effectively do.
The complaint in the lawsuit alleges that the CRS failed to operate under all conditions and all applications on a consistent and reliable basis even after repeated CRS warranty repairs and replacements. Allegedly, these repeated warranty repairs and replacements failed to correct the CRS issues, resulting in damages to the owners and lessees of vehicles with the Subject Engines. The alleged damages included diminished value of the vehicles powered by the Subject Engines, out-ofpocket costs such as repair invoices, towing costs, vehicle rental costs and related hotel/taxi charges.
Among other claims, the complaint alleges causes of action for breach of express warranty. CAT has filed answers denying the claims of Plaintiffs, and strongly denies all of Plaintiffs’ claims, denies all allegations of wrongdoing, fault, liability or damage of any kind to Plaintiffs or the Class/Settlement Class, denies that it acted improperly or wrongfully in any way, and believes that this litigation is without merit.
The Plaintiffs’ Second Amended Complaint, the Settlement Agreement, and other case-related documents are posted on the website, www.EngineSettlement.com. The Settlement resolves the lawsuit. The Court has not decided who is right.
Who’s Eligible
Class Members of the CAT settlement include “all persons and entities in the United States who are original purchasers or original lessees, subsequent purchasers or subsequent lessees, (including but not limited to those having purchased via a TRAC option or some rights to residual purchase of vehicles at lease end) of a vehicle powered by a Subject Engine.”
Under the terms of the proposed Caterpillar class action settlement, a Subject Engine is defined as all EPA 2007 Compliant Caterpillar On Highway C13 and C15 engines manufactured in 2006, 2007, 2008 and 2009, including the Caterpillar Regeneration System components of the engine.
Potential Award
Up to $10,000 per Subject Engine.
Caterpillar has agreed to pay $60 million to settle the engine defect class action lawsuit. Class Members who submit valid and timely Claim Forms will be eligible to receive a pro rata share of the settlement fund as follows:
- Class Members who experienced no CRS-related repairs may be eligible to receive a payment of $500 for each Subject Engine.
- Class Members who experienced one to five qualified CRS-related repairs may be eligible to receive a payment of $5,000 per Subject Engine.
- Class Members who experienced six or more qualified CRS-related repairs may be eligible to receive a payment of $10,000 per Subject Engine.
Class Members who experienced at least one CRS-related repair may instead elect to claim losses of up to $15,000. Class Members who select this option must submit proof of payment such as receipts or invoices, and they may seek payment for losses from towing charges, rental charges, hotel charges and other losses incurred as a consequence of qualified CRS-related repairs.
Proof of Purchase
Class Members must provide their engine serial number, dates of ownership/lease, number of CRS-related repairs, and proof of repairs.
Claim Form Deadline
03/20/2017
Case Name
In re: Caterpillar Inc. C13 and C15 Engine Products Liability Litigation, Case No. 1:14-cv-03722-JBS-JS, in the U.S. District Court for the District of New Jersey
Final Hearing
09/20/2016
Settlement Website
Claims Administrator
Caterpillar Engine Settlement Administrator
P.O. Box 4153
Portland, OR 97208-4153
1-888-593-5379
Class Counsel
COHEN MILSTEIN SELLERS & TOLL PLLC
SHEPHERD FINKELMAN MILLER & SHAH LLP
QUANTUM LEGAL LLC
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO PC
SEEGER WEISS LLP
KOHN SWIFT & GRAF
FARMER JAFFE WEISSING EDWARDS FISTOS & LEHRMAN
Defense Counsel
James H. Keale
SEDGWICK LLP
