This case was last updated from PACER on 10/09/2021 at 07:13:25 (UTC).

Nalley v. General Motors LLC

Case Summary

On October 8, 2021, Anthony Nalley, individually and on behalf of the other members of the Georgia class, represented by Adam J. Levitt of DiCello Levitt Gutzler, LLC; Benjamin Randall Keen, H. Clay Barnett, Tyner D. Helms, W. Daniel Miles, III of Beasley Allen Crow Methvin Portis & Miles-AL; and others, filed a class action lawsuit against General Motors LLC (“GM” or “Defendant”), seeking damages along with prejudgement and post-judgment relief, as well as other reliefs, for the alleged fraudulent concealment of defects in the engines installed in the Class Vehicles. This case was filed in U.S. District Court in the Northern District of Georgia with Judge William M. Ray, II presiding.

 

In the complaint, the Plaintiff alleged that, “In 2006, for its model year 2007 vehicles, General Motors Corporation (“Old GM”) introduced its redesigned Generation IV Vortec 5300 Engine and installed it in many of its most popular vehicles” and “Unfortunately, the Generation IV Vortec 5300 Engine consumes an abnormally and improperly high quantity of oil that far exceeds industry standards for reasonable oil consumption.”

 

The Plaintiff further alleged that, “The primary cause of the Oil Consumption Defect is that the piston rings that GM installed within the Generation IV Vortec 5300 Engines fail to keep oil in the crankcase” and “Exacerbating the excessive oil loss and concomitant engine damage problems caused by the Oil Consumption Defect in the Class Vehicles is GM’s implementation of a defective Oil Life Monitoring System in each of those vehicles that fails to advise drivers of insufficient oil in their vehicles” The Plaintiff also alleged that, “The Oil Consumption Defect can damage critical engine components and cause drivability problems” and “These issues place Plaintiff and other Class members at an increased risk of injury or death.”

 

The Plaintiff also alleged that, “GM has long known of the Oil Consumption Defect and the resulting engine damage. As shown more fully below, excessive oil consumption resulted in an extraordinary number of complaints” and “Despite this knowledge, GM continued selling and leasing Class Vehicles without ever disclosing the Oil Consumption Defect. Indeed, GM has never disclosed the Oil Consumption Defect to consumers. Rather, GM has allowed drivers of the Class Vehicles to continue driving those vehicles, despite knowing that they are consuming oil at an abnormally high rate, and has continued allowing drivers of the Class Vehicles to rely on the Oil Life Monitoring System”

 

There are six claims of relief laid down by the Plaintiff. The first claim is for the alleged violation of Georgia’s Uniform Deceptive Trade Practices Act Ga. Code Ann. § 10-1-370, et seq. The second claim is for the alleged violation of Georgia’s Fair Business Practices Act Ga. Code Ann. § 10-1-390, et seq. The third and fourth claims are for the alleged breach of express warranty and breach of implied warranty of merchantability, respectively. The fifth claim is for alleged fraudulent concealment. The sixth claim is for alleged unjust enrichment. 

 

In the prayer for relief, the Plaintiff requested the Court to certify this action as a class action and appoint Plaintiff as the representative of the class. Further, the Plaintiff requested the Court for actual and statutory damages (including punitive damages) and restitution to Plaintiff and the other Class members along with prejudgement and post-judgement interest and attorneys’ fees,  as well as cost of the suit and any other relief the Court deems just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-04174

  • Filing Date:

    10/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Product Liability

Judge Details

Presiding Judge

William M. Ray, II

 

Party Details

Plaintiff

Anthony Nalley

Defendant

General Motors LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Benjamin Randall Keen

Attorney at Beasley Allen et al

2839 Paces Ferry Road Se, Suite 400

Atlanta, GA 30339

Adam J. Levitt

Attorney at DiCello Levitt Gutzler, LLC

Ten North Dearborn Street, Eleventh Floor

Chicago, IL 60602

Daniel R. Ferri

Attorney at DiCello Levitt Gutzler, LLC

Ten North Dearborn Street, Eleventh Floor

Chicago, IL 60602

H. Clay Barnett

Attorney at Beasley Allen Crow Methvin Portis & Miles-AL

P.O. Box 4160, 218 Commerce Street

Montgomery, AL 36103-4160

John E. Tangren

Attorney at Wolf Haldenstein Adler Freeman & Herz-IL

Suite 1111, 55 West Monroe Street

Chicago, IL 60603

Tyner D. Helms

Attorney at Beasley Allen Crow Methvin Portis & Miles-AL

P.O. Box 4160, 218 Commerce Street

Montgomery, AL 36103-4160

W. Daniel Miles, III

Attorney at Beasley Allen Crow Methvin Portis & Miles-AL

P.O. Box 4160, 218 Commerce Street

Montgomery, AL 36103-4160

 

Court Documents

#1

1 #1

Civil Cover Sheet

#2

 

Docket Entries

  • 10/08/2021
  • View Court Documents
  • Docket(#2) Electronic Summons Issued as to General Motors LLC. (adg) (Entered: 10/08/2021)

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  • 10/08/2021
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  • Docket(#1) CLASS ACTION COMPLAINT with Jury Demand filed by Anthony Nalley. (Filing fee $402, receipt number AGANDC-11315408) (Attachments: #1 Civil Cover Sheet)(adg) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 10/08/2021)

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