IMS Class Action August 3rd Update. New Claim form Claims Posted
03-12-2013, 01:15 PM
#31
The bad news is that with Porsche admitting this, the 996 prices will take another nose dive.
The good news is that maybe I can afford a 996 TT because of guilt by association.
The good news is that maybe I can afford a 996 TT because of guilt by association.
03-12-2013, 01:27 PM
#33
Team Owner
Does anyone else see it this way? Also, why no love for us '99-00 guys? It would be nice to get the money back from my replacement engine.
03-12-2013, 01:34 PM
#34
Instructor
The term "win" is misleading. This is a settlement. In general, settlements tend to be pretty sh1tty for the members of the class. PCNA made sure to get miles and miles of exclusions. Some people will benefit, many will not. But a "win", a settlement is not.
03-12-2013, 01:48 PM
#35
They have given us VIN ranges to go buy which also is suspect instead of just saying all 2001's for example. As we all know that 2001's had both single and dual row IMS's.
For NormD, can you check your VIN to see if it falls within their range or not? This could throw my theory out the window if he has a VIN that falls within the range listed.
03-12-2013, 02:46 PM
#36
¬¬¬UNITED STATES DISTRICT COURT FOR THE CENTRAL D¬ISTRICT OF CALIFORNIA
Eisen v. Porsche Cars North America, Inc. ) Case No. CV11-9405 CAS (FEMx)
___________________________________________)
Notice of the Pendency of Class Action Settlement and Hearing on Final Approval Order and Judgment
If you owned or leased a Model Year 2001-2005 Porsche Boxster or 911 vehicle in the United States you could be affected by a class action settlement.
Eisen v. Porsche Cars North America, Inc. ) Case No. CV11-9405 CAS (FEMx)
___________________________________________)
Notice of the Pendency of Class Action Settlement and Hearing on Final Approval Order and Judgment
If you owned or leased a Model Year 2001-2005 Porsche Boxster or 911 vehicle in the United States you could be affected by a class action settlement.
03-12-2013, 02:50 PM
#37
Burning Brakes
So those of us that don't have the IMS upgrade and meet the 10 year and 130k miles criteria we can sign up and if IMS fails in the future PCNA will cover the costs????
Did i read this legal mumbo jambo correctly?
Did i read this legal mumbo jambo correctly?
03-12-2013, 03:04 PM
#39
"7. If my Class Vehicle has not experienced IMS related engine damage, am I included?
Yes. Under the terms of the settlement, if your Class Vehicle experiences the condition after mailing of Class Notice you may be eligible to receive payment for repair of the IMS related engine damage, including the cost of replacing or repairing the engine. However, no Class Member will be entitled to any payment or reimbursement for any IMS related damage occurring to a Class Vehicle more than ten (10) years after the vehicle was placed in-service, or after 130,000 total miles on the vehicle, whichever comes first."
My interpretation is if your car has not experienced any failure and your car in-service date is March 2003 or earlier, you will never see a dime regardless.
Translation: "If your car is 10yrs or older and the IMS is still holding for now, screw you".
Yes. Under the terms of the settlement, if your Class Vehicle experiences the condition after mailing of Class Notice you may be eligible to receive payment for repair of the IMS related engine damage, including the cost of replacing or repairing the engine. However, no Class Member will be entitled to any payment or reimbursement for any IMS related damage occurring to a Class Vehicle more than ten (10) years after the vehicle was placed in-service, or after 130,000 total miles on the vehicle, whichever comes first."
My interpretation is if your car has not experienced any failure and your car in-service date is March 2003 or earlier, you will never see a dime regardless.
Translation: "If your car is 10yrs or older and the IMS is still holding for now, screw you".
03-12-2013, 03:07 PM
#40
IMPORTANT QUESTION:
This case number/name does not show up on any internet search other than here on Rennlist and one mention on a legal site. The case was filed in California in November of 2011. I can’t find any further reference to it, or to any settlement hearing or conference.
http://dockets.justia.com/docket/cal...v09405/517028/
The closer I read the settlement provided, the more I think this language represents an attorney’s idea of what should happen, rather than a settlement that is happening. All of the specific dates that would be relevant for an actual court date are represented by placeholders.
Bottom line: If there was some big settlement reached recently it would show up in more places than a post on Rennlist. Don’t get your hopes up...
Any real lawyers out there want to help us better understand what this might mean?
This case number/name does not show up on any internet search other than here on Rennlist and one mention on a legal site. The case was filed in California in November of 2011. I can’t find any further reference to it, or to any settlement hearing or conference.
http://dockets.justia.com/docket/cal...v09405/517028/
The closer I read the settlement provided, the more I think this language represents an attorney’s idea of what should happen, rather than a settlement that is happening. All of the specific dates that would be relevant for an actual court date are represented by placeholders.
Bottom line: If there was some big settlement reached recently it would show up in more places than a post on Rennlist. Don’t get your hopes up...
Any real lawyers out there want to help us better understand what this might mean?
Last edited by rpm's S2; 03-12-2013 at 03:39 PM.
03-12-2013, 04:02 PM
#42
The post indicates it's a settlement agreement (it never went to court). I expect PCNA or the law firm involved will be attempting to contact all owners of these cars with the same information provided above.
If I were one of the "screwed" people whose cars are omitted from any help per the date requirement, I would exclude myself from the settlement per the directions posted and contact a lawyer to discuss options. Fact is, Porsche has now given an inch by admitting that these cars are *faulty* and the settlement agreement was made between the specific plaintiffs driving the class action suit and PCNA, and the terms are defined to suit *their* needs.
The age/mileage limit is probably around "reasonable expectation" that a car is going to be trouble free when it is new. One could make the argument that a babied car that only has ~50k miles in 10 years should be mechanically "aged" based on mileage and not year of manufacture.
I am not a lawyer, but I play one on TV.
If I were one of the "screwed" people whose cars are omitted from any help per the date requirement, I would exclude myself from the settlement per the directions posted and contact a lawyer to discuss options. Fact is, Porsche has now given an inch by admitting that these cars are *faulty* and the settlement agreement was made between the specific plaintiffs driving the class action suit and PCNA, and the terms are defined to suit *their* needs.
The age/mileage limit is probably around "reasonable expectation" that a car is going to be trouble free when it is new. One could make the argument that a babied car that only has ~50k miles in 10 years should be mechanically "aged" based on mileage and not year of manufacture.
I am not a lawyer, but I play one on TV.
03-12-2013, 04:04 PM
#43
Instructor
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stupid question - but - are then numbers sequential? They don't appear to be?
My 04 C4S is WP0CA9984S652558 and I am not sure if it appears in the list or not. Never had any problems - and the 25% I would be entitled to isn't much but it would be good to know!
My 04 C4S is WP0CA9984S652558 and I am not sure if it appears in the list or not. Never had any problems - and the 25% I would be entitled to isn't much but it would be good to know!
03-12-2013, 05:40 PM
#44
Instructor
ASHSAI were did you get claim form from can you pm it to me ?
03-12-2013, 05:52 PM
#45
Bob will update us. Check out the first line upate of post #1. BTW, my IMS is still fine but my 10yr time limit will run out in 2 months so this settlement proposal is useless to me.