Subaru Files Motion to Dismiss Fuel Pump Lawsuit

2020 Subaru Ascent.

A Subaru fuel pump lawsuit should allegedly be completely dismissed because the allegations are allegedly inadequate and nothing more than conclusory.

The Subaru class action lawsuit alleges the automaker waited too long to issue fuel pump recalls, didn't include all the affected vehicles, and Subaru dealers allegedly didn't know how to make the repairs.

Subaru issued an April 2020 fuel pump recall for more than 188,000 model year 2019 Subaru Impreza, Outback, Legacy and Ascent vehicles.

Then in August 2021, a Subaru fuel pump recall included about 165,000 of these vehicles:

  • 2019-2020 Subaru Ascent
  • 2018 Subaru Forester
  • 2018-2020 Subaru Impreza
  • 2018-2020 Subaru Legacy
  • 2018-2020 Subaru Outback
  • 2018-2019 Subaru BRZ
  • 2018-2019 Subaru WRX
  • 2018-2019 Toyota 86

The Subaru recalls involved DENSO fuel pumps equipped with impellers that could absorb fuel, deform and then strike the fuel pumps. Several automakers recalled vehicles with the same fuel pumps because the pumps could suddenly fail while driving.

Motion to Dismiss the Subaru Fuel Pump Lawsuit

Several claims have already been dismissed, but Subaru argues the plaintiffs continue to offer no legitimate arguments about why those claims shouldn't remain dismissed.

Subaru argues the plaintiffs do not show why the judge shouldn't permanently dismiss 22 causes of action about the allegedly defective fuel pumps. Those claims were already dismissed by the judge, and Subaru said the plaintiffs haven't brought any new arguments to the table.

Subaru references how the judge previously dismissed fraudulent concealment and omission claims, and the second amended class action lawsuit allegedly pleads no new facts.

Subaru told the judge some plaintiffs filed claims based on laws in states where the plaintiffs don't reside. And the judge had already dismissed claims from more than 10 Subaru owners who didn't allege any problems with their fuel pumps.

The automaker argues all claims should be dismissed with prejudice to bring an end to the Subaru fuel pump lawsuit.

The fuel pump class action was consolidated from four separate class action lawsuits, including Griffin v. Subaru, Anderson v. Subaru and Adnan v. Subaru.

The Subaru fuel pump lawsuit was filed in the U.S. District Court for the District of New Jersey: Cohen, et al., v. Subaru of America, et al.

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