Aberin v. American Honda Motor Company, Inc.

Background

American Honda Motor Co., Inc. and the named plaintiffs—Lindsay and Jeff Aberin, Don Awtrey, Charles Burgess, John Kelly, and Joy Matza—reached a class-action settlement. The case involved people who purchased specified Acura vehicles before the vehicles reached 10 years or 120,000 miles. The court had preliminarily approved the settlement on February 1, 2024, directed notice to the proposed class, and held a final approval hearing on August 15, 2024.

Class and Notice

The court certified, for settlement purposes, a class consisting of people who purchased the following Acura vehicles before they reached 10 years or 120,000 miles: 2004–2008 TL, 2005–2008 MDX, or 2007–2009 RDX, in California, Kansas, New York, or Washington. The court found that the requirements of Federal Rule of Civil Procedure 23(a) and (b)(3) were satisfied, including numerosity, common questions, typical claims, adequate representation, predominance of common questions, and superiority of class treatment.

The court found that the notice was the best practicable notice under the circumstances and adequately informed class members about the case, the settlement, the class definition, and their rights to opt out, object, and appear at the final approval hearing. The record reflected 10 objections and 57 opt-out requests. The court also found that it had jurisdiction over the case, the parties, and the settlement class.

Settlement Approval and Release

The court found that the settlement resulted from lengthy, arm’s-length, good-faith negotiations and was fair, reasonable, and adequate under Rule 23(e)(2). It concluded that the settlement was in the best interests of the class members and American Honda. The court incorporated the settlement agreement and its exhibits into the final approval order and judgment and ordered the parties and their counsel to implement the agreement.

The settlement and order bound the named plaintiffs and other class members, along with their heirs, successors, and assigns. The release covered claims related to the HFL System, including claims for economic injury, damages, injunctive relief, declaratory relief, and various contract, tort, statutory, and consumer-fraud theories. The released claims did not include personal-injury or wrongful-death claims. The order stated that the settlement was not an admission by American Honda of wrongdoing, a statutory violation, liability, or the viability of the claims for class treatment if the case had proceeded to litigation and trial.

Disposition

The court finally approved the settlement and dismissed all claims against American Honda Motor Co., Inc. on the merits and with prejudice, without fees or costs to any party except as provided in the order. The court granted class counsel $8,555,519.50 in attorneys’ fees and $1,026,270.91 in costs and expenses, for a total of $9,581,790.41. It also granted each named plaintiff a $5,000 incentive award. The court retained continuing jurisdiction over matters involving administration and enforcement of the settlement and directed the Clerk to enter the final approval order and judgment.