Delaware Judge Won’t Delay Class Certification in Vehicle Engine Defect Suit

Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware found that the cases FCA cited in support of deferral do not actually support postponing a class certification decision before it is made. In Harper v. Trans Union, LLC, the Third Circuit case FCA relied upon, the parties followed the traditional path of first moving for class certification and obtaining a decision before filing summary judgment motions. The Third Circuit there deferred consideration of a district court’s denial of class certification until after summary judgment motions were resolved — not until before class certification was decided at all.

“Nothing in the Third Circuit’s decision suggests that the district court should have deferred consideration of class certification until after summary judgment motions were resolved,” Judge Fallon wrote.

The putative class action, filed in 2022, alleges defects in 3.6L Pentastar V6 engines in 2014 and newer Chrysler, Dodge, Jeep, and RAM vehicles. The named plaintiffs — Etienne Maugain, John Kundrath, Louise Shumate, Richard Archer, Denise Hunter, Stephen Drekosen, Kenneth Esteves, John Skleres, and Leonel Cantu — assert claims for breach of implied warranties and unjust enrichment.

FCA argued that a summary judgment ruling before class certification would clarify which plaintiffs, states’ laws, and claims remain in the case. The automaker acknowledged that only named plaintiffs would be bound by a summary judgment decision, but told the court “that is a choice a defendant gets to make.”

Judge Fallon found that argument “in tension” with FCA’s earlier statement that courts have discretionary authority to control their dockets. The magistrate noted that inefficiencies from subsequent claims by other potential class members “will not just impact Defendant but will also affect the court.”

The ruling means briefing on class certification will proceed as scheduled, with Plaintiffs’ motion due May 18, 2026. The case has been reassigned and referred to multiple judges since filing, with at least eight iterations of the scheduling order.