On March 16, Volvo filed a motion to dismiss a fraud case originally brought by plaintiff Robert Middien over two years ago. Middien alleged that Volvo falsely advertised the smartphone compatibility features of its XC90 vehicles. This case is being held in the New Jersey District Court before Judge Claire C. Cecchi.
Middien is no longer listed as a plaintiff in this case, after deciding that “he no longer wished to pursue his claims or serve as a putative class representative.” Frederick Scott Levine and Douglas W. Murphy have intervened and are now listed as the only named plaintiffs. Volvo’s motion claims that Middien “conceded that the relief he sought was already available to him before he initiated this lawsuit.” Volvo ultimately believes that the new plaintiffs’ first amended complaint (FAC) “is fatally flawed and should be dismissed.”
The original complaint claims that Volvo’s “press releases stated that the XC90 vehicle’s digital technology user interface “Sensus” system would be compatible with Android Auto, a feature that would allow vehicle users to operate many features of their Android cellular phones through the Sensus system and touchscreen.” Middien alleged that the XC90 vehicles were not actually compatible with Android Auto.
Volvo’s motion for dismissal makes two primary claims; the first concerns the actual compatibility of XC90 vehicles, and the second addresses the case’s location. Volvo alleges that the XC90 vehicles in question are in fact compatible with Android Auto and that even newer technology is integrable with older cars. Although the case is being held in New Jersey, the plaintiffs purchased their vehicles in Florida. Volvo claims that the case should be dismissed because “no nationwide class may be certified under New Jersey law due to significant variations in consumer fraud and breach of warranty laws throughout the country.”
The plaintiffs’ responses to this motion of dismissal are due by April 6.
