Purchasers and Lessees of certain Hino trucks may qualify for a payment in a $237.5 million class action settlement

SEATTLE, Dec. 15, 2023 /PRNewswire/ -- 

A proposed settlement has been reached in a class action lawsuit called Express Freight International, et al., v. Hino Motors, Ltd., et al., No. 22-cv-22483-Gayles/Torres (S.D. Fla.) (the "Settlement"). This Notice provides a summary of your rights and options. 

A federal court authorized this Notice. This is not a solicitation from a lawyer.

WHAT IS THIS LAWSUIT ABOUT?

Express Freight International, EFI Export & Trading Corp., Marders, and Redlands Office Cleaning Solutions, LLC, (together, "Plaintiffs" or "Settlement Class Representatives") allege that Hino Motors Ltd., Hino Motors Manufacturing U.S.A., Inc., and Hino Motors Sales U.S.A., Inc. (together, "Defendants" or "Hino") misrepresented emission levels and exceeded regulatory limits with certain Hino trucks. Defendants deny Plaintiffs' claims but have decided to settle. The Court has not decided who is right. Instead, the parties have agreed to the Settlement to avoid the costs, risk, and delays associated with continuing this complex and time-consuming litigation.

WHO IS AFFECTED?

The Settlement Class consists of all persons or entities that purchased or leased a Settlement Class Truck through October 30, 2023. Settlement Class Trucks include any on-road vehicle equipped and originally sold or leased in the United States with a Hino engine from engine Model Year 2010 through and including engine Model Year 2019. A list of Settlement Class Trucks can be found at www.HinoUSASettlement.com. Excluded from the Settlement Class are Defendants' officers, directors, and employees; Defendants' affiliates and affiliates' officers, directors, and employees; Defendants' distributors and distributors' officers, directors, and employees; Released Parties; judicial officers and their immediate family members and associated court staff assigned to this case; and all those otherwise in the Settlement Class who or which timely and properly exclude themselves.

WHAT CAN YOU GET FROM THE SETTLEMENT?

If approved, the Settlement will provide compensation and other valuable benefits to Settlement Class Members. These benefits include a $237,500,000 Settlement fund to pay Settlement Class Members who submit a valid claim; a robust extended warranty that covers the repair or replacement of various emission control system component parts, including the cost of any diagnostic test leading to the repair; and a New Parts Warranty if there is a government-mandated or government-recommended emissions system recall or repair campaign involving the Settlement Class Trucks in the next three years.  

After deducting Settlement Class Counsel Attorneys' Fees and Costs and Settlement Administration Costs, the remaining Settlement Cash Value will be allocated evenly, on a per-capita basis, among all Settlement Class Trucks for which the Settlement Administrator has received a valid Settlement Claim. The compensation available for each Settlement Class Truck is likely to range from $1,500 to $15,000 per Class Truck, depending on the volume of claims submitted and court-awarded fees and costs. If more than one Settlement Class Member submits a valid Settlement Claim for the same Settlement Class Truck, then 60% of the compensation for that Settlement Class Truck will be allocated to the original owner who purchased the truck new, and the remaining 40% will be allocated to or divided evenly among the other Settlement Class Member(s) that submit a valid Settlement Claim for that same truck. 

Please visit www.HinoUSASettlement.com for more information.

HOW DO I GET A PAYMENT?

You must submit a claim to receive a settlement payment. The claim form asks for basic information and takes just a few minutes to complete. To submit your claim online, visit www.HinoUSASettlement.com. If you would like to submit your claim by mail, you can download and print the claim form on the Settlement Website or call to request a form. The fastest option is to submit your claim online.

You should submit your claim now. Claim Forms must be electronically submitted or postmarked no later than June 15, 2024. This schedule may change, so please visit the Settlement Website (www.HinoUSASettlement.com) regularly for updates.

WHAT ARE MY OTHER OPTIONS?

You can exclude yourself from the Settlement or object to the Settlement by February 22, 2024.

If you exclude yourself, you will not receive any settlement payments and you will not release any of the claims that this Settlement resolves. If you do not exclude yourself from the Settlement, you will be bound by the Court's orders and judgments like all other Class Members, even if you do not file a claim.

If you wish to object, the Court will consider your views in deciding whether to approve or reject this Settlement. If the Court does not approve the Settlement, no settlement payments will be sent, and the lawsuit will continue. You cannot object if you exclude yourself from the Settlement.

For details on how exclude yourself or object, go to www.HinoUSASettlement.com.

WHAT IF I DO NOTHING?

If you do nothing, you will not get a payment from the Settlement, but your Settlement Class Truck will still receive the Extended Warranty and be eligible for the New Parts Warranty. You will also be bound by all terms of the Settlement, which means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues in this case.

WHAT HAPPENS NEXT?

The Court will hold a hearing on April 1, 2024 at 10 am  to consider whether to grant final approval of the Settlement and award fees and costs to the attorneys representing the Settlement Class (known as "Settlement Class Counsel").

Settlement Class Counsel will ask the Court to award up to 33.33% of the Settlement Cash Value (i.e. up to $79,158,750) to cover reasonable attorneys' fees plus expenses they incurred in litigating this case and securing the Settlement. You do not need to attend this hearing, but you are welcome to attend at your own expense.

HOW DO I GET MORE INFORMATION?

Visit www.HinoUSASettlement.com; call toll-free 1-888-256-6150; email [email protected]; or write Hino USA Settlement, c/o JND Legal Administration, PO Box 91473, Seattle WA 98111.

SOURCE JND Legal Administration