In re Takata Airbag Prods. Liab. Litig. Loss Track Cases, MDL No. 2599 Master File No. 15-2599-MD-MORENO No. 14-24009-CV-MORENO.

255 F.Supp.3d 1241

IN RE: TAKATA AIRBAG PRODUCTS LIABILITY LITIGATION

This Document Relates to Economic Loss Track Cases

MDL No. 2599 Master File No. 15-2599-MD-MORENO No. 14-24009-CV-MORENO.

United States District Court, S.D. Florida, Miami Division.

Signed May 31, 2017

Entered June 1, 2017

ORDER GRANTING IN PART AND DENYING IN PART AMERICAN HONDA MOTOR COMPANY'S MOTION TO DISMISS

FEDERICO A. MORENO, UNITED STATES DISTRICT JUDGE

This multidistrict litigation ("MDL") consolidates allegations of economic loss and personal injury related to airbags manufactured by defendants Takata Corporation and TK Holdings and equipped in vehicles manufactured by defendants Honda, BMW, Ford, Mazda, Mitsubishi, Nissan, Subaru, and Toyota. Honda's Motion asks the Court to dismiss "discrete claims" alleged against it in the Second Amended Economic Loss Complaint.

I. BACKGROUND

Plaintiffs in this case are consumers of vehicles equipped with Takata airbags containing ammonium nitrate as a propellant. The Court has divided the MDL's component cases into two tracks: an economic loss track for plaintiffs alleging purely economic damages and a personal injury track for plaintiffs alleging damages to a person. This order pertains to the economic loss track cases. In the Complaint, Plaintiffs allege various counts against Honda, but the Court only addresses those counts Honda seeks to dismiss.¹

Honda asks the Court to dismiss the following counts:

• Count 3 for violation of the Magnuson–Moss Warranty Act on behalf of the Nationwide Consumer Class

• Count 9 for fraudulent concealment on behalf of the Nationwide Consumer Class² • Count 10 for violation of the Song–Beverly Consumer Warranty Act for breach of implied warranty of merchantability on behalf of the Nationwide Consumer Class

• Count 11 for unjust enrichment on behalf of the Nationwide Consumer Class

• Count 12 for violation of the California Unfair Competition Law on behalf of the Nationwide Consumer Class

• Count 13 for violation of the Consumer Legal Remedies Act on behalf of the Nationwide Consumer Class³

• Count 14 for violation of the California False Advertising Law on behalf of the Nationwide Consumer Class

• Count 15 for negligent failure to recall on behalf of the Nationwide Consumer Class

• Count 46 for negligent failure to recall on behalf of the Nationwide Toyota Consumer Class⁴

• Count 47 for violation of the Florida Deceptive and Unfair Trade Practices Act on behalf of the Florida Consumer Sub–Class

• Count 48 for breach of implied warranty of merchantability on behalf of the Florida Consumer Sub–Class⁵

• Count 49 for violation of the Alabama Deceptive Trade Practices Act on behalf of the Alabama Consumer Sub–Class

• Count 53 for violation of the California False Advertising Law on behalf of the California Consumer Sub–Class

• Count 54 for violation of the Song–Beverly Consumer Warranty Act for breach of the implied warranty of merchantability on behalf of the California Consumer Sub–Class

• Count 55 for negligent failure to recall on behalf of the California Consumer Sub–Class

• Count 59 for violation of the Georgia Fair Business Practices Act on behalf of the Georgia Consumer Sub–Class

• Count 62 for breach of the implied warranty of merchantability on behalf of the Hawaii Consumer Sub–Class

• Count 66 for breach of the implied warranty of merchantability on behalf of the Indiana Consumer Sub–Class

• Count 69 for breach of the implied warranty of merchantability/warranty against redhibitory defects on behalf of the Louisiana Consumer Sub–Class

• Count 70 for violation of the Deceptive Acts or Practices Prohibited by Massachusetts Law on behalf of the Massachusetts Consumer Sub–Class

• Count 71 for breach of the implied warranty of merchantability on behalf of the Massachusetts Consumer Sub–Class• Count 73 for breach of the implied warranty of merchantability on behalf of the Michigan Consumer Sub–Class

• Count 76 for breach of the implied warranty of merchantability on behalf of the Minnesota Consumer Sub–Class

• Count 78 for breach of the implied warranty of merchantability on behalf of the Missouri Consumer Sub–Class

• Count 80 for breach of the implied warranty of merchantability on behalf of the Nevada Consumer Sub–Class

• Count 81 for breach of the implied warranty of merchantability on behalf of the New Jersey Consumer Sub–Class

• Count 86 for breach of the implied warranty of merchantability on behalf of the North Carolina Consumer Sub–Class⁶

• Count 90 for breach of the implied warranty of merchantability on behalf of the Pennsylvania Consumer Sub–Class

• Count 92 for breach of the implied warranty of merchantability on behalf of the Rhode Island Consumer Sub–Class

• Count 98 for breach of the implied warranty of merchantability on behalf of the Texas Consumer Sub–Class

• Count 102 for violation of the Consumer Credit and Protection Act on behalf of the West Virginia Consumer Sub–Class

• Count 103 for breach of the implied warranty of merchantability on behalf of the West Virginia Consumer Sub–Class.

These counts arise out of various Named Plaintiffs' Honda and Acura purchases. Plaintiffs group themselves by state consumer classes. The classes are composed of "[a]ll persons who, prior to the date on which the Class Vehicle was recalled, entered into a lease or bought a Class Vehicle in the state of ____ (e.g., Florida)." In other words, all Plaintiffs who purchased or leased their vehicles in the same state are grouped together as members of that state's subclass regardless of where they live or filed their complaints. The relevant information as to each Named Plaintiff is as follows:

Alabama Subclass

• Mario Cervantes, an Alabama resident, purchased a used 2003 Honda Pilot in 2007 in Alabama. Cervantes's claims were transferred into the MDL from the Northern District of Alabama.

• Marita K. Murphy, an Alabama resident, purchased a new 2003 Honda Pilot EX on April 22, 2003 in Alabama. Murphy's claims were transferred into the MDL from the Northern District of Alabama.

• Cathryn Tanner, an Alabama resident, purchased a used 2003 Honda Civic on October 8, 2009 in Alabama. Tanner's claims were transferred into the MDL from the Northern District of Alabama.

• Charlotte Whitehead, an Alabama resident, purchased a used 2003 Honda Civic LX in 2007 in Alabama. Whitehead's claims were transferred into the MDL from the Central District of California.

Arizona Subclass

• Gwendolyn Cody, an Arizona resident, purchased a new 2006 Honda CRV in September 29, 2006 in Arizona. Cody's claims were transferred into the MDL from the Central District of California.

• Kristen Go, a California resident, purchased a new 2001 Honda Accord in December 2000 in Arizona. Go's claims were transferred into the MDL from the Central District of California.

• Chris Pedersen, a Kentucky resident, purchased a new 2004 Honda Odyssey in October 2003 in Arizona. Pedersen's claims were transferred into the MDL from the Eastern District of Kentucky.

California Subclass

• Jina Bae, a California resident, purchased a used 2004 Honda Accord in September 2008 in California. Bae's claims were transferred into the MDL from the Central District of California.

• Lonnee Cataldo, a Florida resident, purchased a used 2003 Honda Element in 2004 in California. Cataldo's claims were transferred into the MDL from the Southern District of Florida.

• Leslie A. Flaherty, a California resident, purchased a new 2008 Honda Element on December 1, 2007 in California. Flaherty's claims were direct-filed into the MDL.

• Terri Gamino, a California resident, purchased a new 2006 Honda Accord in October 2007 in California. Gamino's claims were transferred into the MDL from the Southern District of California.

• Judith Hollywood, a California resident, purchased a new 2004 Honda Accord LX on December 28, 2008 in California. Hollywood's claims were transferred into the MDL from the Central District of California.

• Constantine Kazos, a California resident, purchased a new 2008 Honda Element in August 2008 in California. Kazos's claims were transferred into the MDL from the Eastern District of New York.

• Richard D. Klinger, a California resident, purchased a used 2003 Honda Civic Hybrid in 2006 in California. Klinger's claims were transferred into the MDL from the Central District of California.

• Michael McLeod, a California resident, purchased a new 2007 Honda Accord on January 11, 2007 in California. McLeod's claims were transferred into the MDL from the Central District of California.

• Valerie M. Nannery, a District of Columbia resident, purchased a new 2004 Honda Civic Hybrid on September 30, 2004 in California. Nannery's claims were transferred into the MDL from the Central District of California.

• Holly Ruth, a California resident, purchased a used 2002 Honda Accord EX in May 2007 in California. Ruth's claims were direct-filed into the MDL.

• David Takeda, a California resident, purchased a new 2005 Honda Element in July 2005 in California. Takeda's claims were transferred into the MDL from the Central District of California.

• Susana Zamora, a California resident, purchased a new 2004 Honda Accord Sedan in 2004 in California. Zamora's claims were transferred into the MDL from the Southern District of California.

Connecticut Subclass

• Nicole Peaslee, a Massachusetts resident, purchased a new 2004 Honda Accord EX in October 2004 in Connecticut. Peaslee's claims were transferred into the MDL from the Southern District of Florida.

Florida Subclass

• Kiele Allen, a Florida resident, purchased a used 2002 Honda Odyssey in Florida. Allen's claims were transferred into the MDL from the Southern District of Florida.

• Camila Corteleti, a Florida resident, purchased a used 2004 Honda Civic on April 1, 2011 in Florida. Corteleti's claims were direct-filed into the MDL.

• Ryvania Fuentes, a Florida resident, purchased a used 2007 Honda Accord in December 2007 in Florida. Fuentes's claims were transferred into the MDL from the Southern District of Florida.

• Kimberly Holmes, a

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