Kasowitz, on Behalf of Ford Motor Co., Secures Win on Motion to Dismiss in Putative Class Action Lawsuit

Kasowitz, on behalf of Ford Motor Company, has secured a key win on a motion to dismiss in a putative class action lawsuit against the auto manufacturer in the U.S. District Court for the District of Massachusetts.  The lawsuit arises from alleged defects in automotive transmissions in certain 2017-2023 Ford F-150, Expedition, Mustang, Ranger, Transit, and Lincoln Navigators.  
 
On Friday, January 30, 2026, Senior Judge F. Dennis Saylor IV granted Ford’s renewed motion to dismiss plaintiff Jeffrey Pollack’s claim under the Massachusetts Consumer Protection Law.  The order dismissed Pollack’s claim on the basis that it was impermissibly derivative of his previously-dismissed claims for fraudulent misrepresentation and breach of express warranty.  As a result of this win, combined with twin March 2025 orders by Judge Saylor ruling in Ford’s favor, Ford has significantly limited the scope of the putative class action.  In those March 2025 orders, Judge Saylor granted Ford’s motion to compel arbitration with respect to 18 plaintiffs and stayed their claims, and granted-in-part Ford’s motion to dismiss the Amended Consolidated Class Action Complaint.  Collectively, Ford has now obtained dismissal or stay pending arbitration of nearly all claims asserted by Plaintiffs,  including all claims for breach of express warranty, fraudulent misrepresentation, and violation of certain consumer protection statutes for California, Illinois, and Massachusetts, as well as Plaintiffs’ request for injunctive relief. 
 
The Kasowitz team representing Ford is led by partner Hector Torres and includes partners Cindy Caranella Kelly and Stephen P. Thomasch, and associates Joshua Marks, Dariya V. Golubkova, Christopher Goetz, and Emily A. Lowe.