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U.S. appeals court preserves $210M Hyundai-Kia fuel economy class settlement

A U.S. appeals court restored a $210 million nationwide class-action settlement for hundreds of thousands of owners of Hyundai Motor Co and Kia Motors Corp vehicles whose fuel economy estimates were inflated. By an 8-3 vote on Thursday, in a case closely watched by class-action lawyers, the 9th U.S. Circuit Court of Appeals in Pasadena, California, said vehicle owners had enough in common to let them settle as a group. It also rejected arguments by owners opposed to the settlement that the claims process was too burdensome, and that lawyers for the class had colluded with the automakers to extract a "sweetheart deal" that undervalued their claims. The case began after the U.S. Environmental Protection Agency found flaws in Hyundai's and Kia's testing procedures, prompting the automakers to lower fuel efficiency estimates for about 900,000 vehicles from the 2011, 2012 and 2013 model years. Lawyers for objecting drivers had no immediate comment. Hyundai said it was grateful for the decision. Kia and its lawyers did not immediately respond to requests for comment. The decision by Circuit Judge Jacqueline Nguyen upheld a settlement approved in June 2015 by U.S. District Judge George Wu in Los Angeles. Wu "made careful findings, which the objectors here largely do not challenge, and which more than support the judgment," Nguyen wrote. The decision reversed a divided three-judge 9th Circuit panel's January 2018 rejection of the settlement and decertification of the class action. That panel said Wu failed to assess whether differences in state laws prevented certification of a nationwide class. It also said used car owners should have been excluded because it was unclear whether they had relied on the South Korean automakers' fuel economy claims. Lawyers had said it would become much harder to obtain nationwide settlements if the panel ruling stood. Nguyen had dissented from the panel ruling. Circuit Judge Sandra Ikuta, who wrote it, dissented on Thursday. Ikuta accused the majority of failing to determine what law should apply to the nationwide class or how the settlement, and thus attorneys' fees, should be valued. "The majority's failure to correct these errors may be beneficial for the class action bar, but it detracts from compliance with Supreme Court precedent," Ikuta wrote. The 9th Circuit covers nine western U.S. states, Guam and the Northern Mariana Islands.

Who can really claim first mass-produced fuel cell vehicle delivery in US?

Last month, Hyundai said that the initial deliveries of the Tucson Fuel Cell vehicles in California meant that, "For the first time, retail consumers can now put a mass-produced, federally-certified hydrogen fuel cell vehicle in their driveways." But try telling that to Jon Spallino. In 2005, Honda leased a hydrogen fuel cell FCX, a small hatchback, to the Spallino family (as far as we know, he parked it in his driveway). The company did the same thing again in 2008 with the FCX Clarity, a sleek new design based on the FCX Concept, and others signed for the H2 ride as well, including celebrities. No matter how you slice it, Honda has been in the fuel cell delivery market for almost a decade now. Just look at this. Or this. Or this. Oh, and other automakers (General Motors in Project Driveway in 2006 and Mercdes-Benz with the F-Cell in 2010, for example) have delivered fuel cell vehicles in the US as part of short-term test programs. But let's get back to Hyundai's claim. There's little question that the first delivery of a "fuel cell vehicle for the US market" has already taken place (and they were federally certified, too), which means that the debate revolves around the definition of mass-produced and whether "mass production" is about a number or about the process? Let's investigate below. First, lets review Honda's bona fides. We can start with the official version of Honda's fuel cell history, which is missing the pertinent detail that Honda build the Clarity on a dedicated assembly line and established a small network of three dealerships to lease the FCX Clarity in 2008. All of the FCX Clarity vehicles in customer hands in the US were leased through these dealerships. Sure, Honda started with hand-built stacks in its hydrogen vehicles, but went to automated control of some parts and components with series production. "It is good to see others doing today what we've been doing since 2008" – Steve Ellis, Honda Or, as Honda's Steve Elllis put it to AutoblogGreen regarding Hyundai's fuel cell deliveries: "This was exactly as prescribed by the creation of the California Fuel Cell Partnership. It's the very essence of 'co-op-itition.' We at Honda, as do many others, continue to push forward on many technologies, both the battery and the fuel cell. And society is the beneficiary." Then he added, "It is good to see others doing today what we've been doing since 2008." Now, how does Hyundai compare?

Hyundai recalls Santa Fe Sport for seatbelt warning light

The Basics: Hyundai will recall 34,200 examples of the 2016 and 2017 Santa Fe Sport with production dates between September 1, 2015 and February 12, 2016. The Problem: The front seats' height adjuster mechanism can damage the wiring that controls the seatbelt warning. If this occurs, then owners wouldn't get an audible reminder to buckle up. The problem puts the vehicles out of compliance Federal Motor Vehicle Safety Standard. The Fix: Dealers will inspect and reroute the wires to the proper location If You Own One: Hyundai will begin the recall on May 6. RECALL Subject : Absence of Front Seat Belt Audible Warning Report Receipt Date: MAR 10, 2016 NHTSA Campaign Number: 16V145000 Component(s): SEAT BELTS Potential Number of Units Affected: 34,200 All Products Associated with this Recall Vehicle Make Model Model Year(s) HYUNDAISANTA FE2016-2017 Details Manufacturer: Hyundai Motor America SUMMARY: Hyundai Motor America (Hyundai) is recalling certain model year 2016-2017 Santa Fe vehicles manufactured September 1, 2015 to February 12, 2016. In the affected vehicles, the wires in the front seat belt buckle harnesses may be damaged by the seat's height adjuster mechanism, resulting in a failure to provide an audible warning when front seat occupants do not fasten their seat belts. As such, these vehicles fail to comply with the requirements of the Federal Motor Vehicle Safety Standard (FMVSS) number 208, "Occupant Crash Protection." CONSEQUENCE: Without a warning to remind the front seat occupants that their seat belts are not buckled, they may forget to buckle their seat belt, increasing their risk of injury in the event of a crash. REMEDY: Hyundai will notify owners, and dealers will inspect and reroute the wires in the front seat belt buckle harnesses to their proper locations, as necessary, free of charge. The recall is expected to begin May 6, 2016. Owners may contact Hyundai customer service at 1-800-633-5151. Hyundai's number for this recall is 141. NOTES: Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov.