Defective Products

Class action attorneys have played a formative role in making products safer for consumers. Defects in vehicles, household goods and building materials can have dramatic consequences. Migliaccio & Rathod LLP is committed to making the marketplace safer for consumers by bringing class actions on their behalf when they have purchased defective products and corporate manufacturers refuse to make things right.

Current Cases

Lenovo Yoga 920 Lack of Sound:
Yoga 920 laptop for reports that is has a defect resulting in a lack of sound. Owners report that a few months after purchase, the laptop can no longer produce sound. Lenovo’s forums have prescribed a number of troubleshooting steps, from making sure audio settings are properly configured, to trying every combination of driver updates and Windows re-installs. No software solution has appeared to solve the problem, and Lenovo has responded to defective laptops by replacing the motherboard, multiple times for some users. Sold at a starting price of $1,999, the Lenovo Yoga 920 is marketed as a premium laptop, yet owners report it has a hardware defect that causes the machine to run too hot and damage its internals, including its motherboard.

MacBook Pro Defective Display Investigation:
Migliaccio & Rathod LLP is currently investigating 2016-Present MacBook Pro models with the touchbar for defective screens that display a “stage lighting” effect. Owners have contended that the problem is caused by premature wear and tear on the computer’s ribbon cables that connect the display to a display controller board. Because the cables are part of the display, opening and closing the device adds to the stress placed on these cables, particularly to the backlight cable, that results in uneven backlighting along the bottom of the screen. At its worst, the computer will experience complete screen failure when opened beyond a certain angle. Once the problem manifests, owners maintain that it is impossible to replace the display cables without also replacing the screen, which is a $600 repair cost outside of warranty.

Lenovo X1 Tablet Gen 3 Screen Scratching Investigation:
Migliaccio & Rathod LLP is currently investigating the 3rd generation Lenovo X1 Tablet. Lenovo customers report that the coating on the tablet’s screen is prone to scuffing and scratching after limited use, from a few days to a month. The X1 Tablet supports an attachable keyboard and pen input, both of which contribute to the screen’s scuffing when the tablet is closed on top of the keyboard or when the pen is used, though customers also report that the coating peels off from touch inputs—a problem that runs counter to purchasing a tablet in the first place. Out of warranty, the repair costs around $800, but contributors to Lenovo’s Customer Support forum who have received replacement devices note that the replacements also manifest the same issue.

Lenovo Flex 5 and 6 Screen Flickering Investigation:
Migliaccio & Rathod LLP is currently investigating the Lenovo Flex 5 and 6 laptops for exhibiting screen flickering. Flex 5 1470 users have reported that the flickering progresses to black out large parts of the screen, making the 2-in-1 device unusable. Released in August of 2017, Lenovo’s Flex 5 1470 forums contain complaints that have continued into this year, with the latest complaint posted in late October. Lenovo customers have noticed that the screen flicker and blackout is triggered when the laptop is moved, or when the screen is first opened. Being a 2-in-1 device, where the draw of the machine is to be able to flip the screen into a tablet, its central purpose is hampered by this defect.

Toyota Camshaft Tower Seal Leaking Investigation:
The law firm of Migliaccio & Rathod LLP is currently investigating certain Toyota models with the 5.7L V8 engine for Camshaft Tower leakage. Affected are the 2010-2018 models of the Toyota Tundra, Sequoia, Sienna, Land Cruiser, and Lexus LX570. Customers report that a camshaft tower repair includes service or replacement of the oil filter, the oil pan drain plug gasket, the formed in place gasket oil pan, and the camshaft bearing gasket. Out of warranty, the repair costs $3,500. To find out whether a leak is present in your vehicle, look down into the valve covers, or you can also look through the wheel well to look for leaks.

Chevy Malibu Engine Malfunction Investigation:
Migliaccio & Rathod LLP is currently investigating the 2016-2018 Chevy Malibu for engine issues related to unexpected deceleration and a defective start/stop issue. Malibu owners report a sudden loss of engine power that sometimes leads to stalling, creating a potentially dangerous situation as it has manifested on the highway for some. The engine start/stop malfunction is also hazardous as the vehicle fails to turn its engine back on after it has been idle at a light or stop sign, increasing the likelihood of being rear ended.

Ford F-350 Tire Valve Stem Leak Investigation:
Migliaccio & Rathod LLP is currently investigating the 2016-2018 Ford F-350 trucks for leaking valve stems that deflate the vehicle’s tires and corrode the aluminum rim. At issue are the differences in the materials used between the rim and Tire Pressure Monitoring Sensor (TPMS)—aluminum for the rim, steel for the TPMS. Ford owners report that contact and friction between the two can lead to a loss of tire pressure or cracking of the rim. Ford has responded by replacing either the entire wheel or the TPMS sensors. Some customers report having gone through multiple sets of tires that continue to exhibit the same problem.

Subaru Forester Defective Passenger Airbag Investigation:
Migliaccio & Rathod LLP is currently investigating 2016-2018 models of the Subaru Forester. Owners of the Forester report that the vehicle’s passenger airbag turns off while there is a passenger in the seat. The problem can also appear intermittently, where the warning light does not illuminate after the driver has restarted the vehicle, all the while there is a passenger in the seat. Owners report that the warning light illuminates under normal conditions—the seat is not wet, there is no cell phone on the seat or other electronics that might interfere with the seat’s sensors. Forester drivers hesitate and sometimes don’t allow their passengers to sit on the passenger side, for fear that in the case of an accident the airbags won’t deploy.

Honda CR-V, Civic, and Accord Oil Dilution:
Migliaccio & Rathod LLP is investigating potential claims of fuel dilution and buildup in the engine oil of 2017-2018 Honda CR-V and Civic vehicles with the 1.5L Turbo engine. Under normal circumstances, un-combusted gasoline accumulates in the lubricant oil pan and evaporates under heat from the engine, that then ends up back in the engine combustion chamber as fuel. In cold temperatures, however, the engine may not warm up enough to evaporate the un-combusted gasoline. Honda owners are reporting that this leads to gasoline diluting the engine oil which manifests in a strong smell of gasoline inside the cabin, in the short term, and gasoline in the oil that may lead to engine damage in the long term. Some drivers have reported that the car’s check-engine light has switched on as result. Honda has already issued a recall in China for the same 2017-2018 CR-V’s and Civics, but has yet to issue a recall here in the US.

Defective Valve Stems in Chrysler Tire Pressure Monitor Systems.  
A consumer represented by Migliaccio & Rathod LLP has brought a class action lawsuit on behalf of consumers against Chrysler for faulty Tire Pressure Monitoring System (TPMS) sensor units. Plaintiffs maintain that TPMS units on certain Chrysler / Dodge / Jeep vehicles use an aluminum alloy valve stem assembly that is subject to corrosion and failure. Corrosion may be causing the aluminum alloy retaining nuts or valve stems (which secure the sensors to the inside of the wheel) to split or fail, causing sensors to loosen and fall into the tires, causing the tires, in turn, to suddenly deflate. Naturally, this is a very serious safety issue since rapid deflation at speed can lead to loss of vehicle control. As part of our ongoing investigation in these matters, we are looking for qualifying vehicles for our experts to inspect, including following vehicles manufactured after June 10, 2009: 2009 – 2011 Dodge Ram 1500 and 2500 trucks; 2009 – 2011 Chrylser and Dodge Minivans, including Caravan, Grand Caravan and Town & Country models; and 2009 – 2011 Dodge Journeys. The date of manufacture is listed on a placard on the chassis inside the driver’s side door. Please contact Nick Migliaccio at nmigliaccio@classlawdc.com if you own or lease one of these vehicles and believe you have a defective TPMS valve stem.

Hyundai Brakes.  Migliaccio & Rathod LLP along with co-counsel, is currently litigating a case on behalf of model year 2006-2010 Hyundai Sontana owners against Hyundai Motor America. The suit alleges that premature wear and replacement is required due to a defect involving the brakes, which may involve defective parts and/or premature corrosion, and alleges that such repair or replacement should be covered by the warranty. It seeks reimbursement of the cost of repair and replacement of the rotors and/or calipers. In addition, there have been over 150 complaints relating to the rear brakes in the 2006-2010 Sonatas filed by consumers with the National Highway Transportation Safety Administration’s Office of Defects Investigation (NHTSA-ODI). These complaints indicate that owners have experienced problems with their rear bakes as early as 23,000 miles.

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