Harley Class Action Suit

Story submitted by edju:
Lieff Cabraser Heimann & Bernstein, LLP, Announces that Wisconsin Court of
Appeals Reinstates Consumer Fraud Class Action Against Harley-Davidson


An Estimated One Hundred Thousand 1999 and Early-2000 Model

Harley Motorcycles Are Equipped with Allegedly Defective Engines

Lieff Cabraser Heimann & Bernstein, LLP, plaintiff's co-counsel in Tietsworth,
et al. v. Harley-Davidson, Inc., and Harley-Davidson Motor Company, a consumer
fraud class action lawsuit, announced that in a unanimous decision the
Wisconsin Court of Appeals today reversed the trial court's dismissal of the
lawsuit, finding that plaintiffs had properly alleged the necessary elements of
claims under the Wisconsin Deceptive Trade Practices Act and for common law
fraudulent concealment.

"We are gratified that the Court of Appeals recognized the merits of our case,
and thrilled that our clients and all of the other consumers who bought and
ride these motorcycles will have their day in court, and a chance to show that
they got something less than what they paid for," commented Lieff Cabraser
partner Lisa J. Leebove. "This is a tremendous victory for consumers. Now, we
can move this case forward toward what we hope will be a successful resolution
for our clients and the class."

The lawsuit was brought by California resident Steven C. Tietsworth, Wisconsin
resident David Bratz and three other residents of Wisconsin. All are
Harley-Davidson motorcycle owners with 1999 or early-2000 models equipped with
Twin Cam 88 or Twin Cam 88B (together "TC-88") engines. Plaintiffs allege that
the TC-88 engine was defectively designed and potentially dangerous due to the
propensity for premature cam failure, which causes sudden and total engine
failure. This failure could allegedly result in economic and physical injuries,
including out-of-pocket repair costs, property damages, death or serious
injury. Plaintiffs allege that Harley-Davidson knew and knows about the defect
in the engines, and even sells a $500.00 "fix kit" designed to remedy the
problem with the engines.

The Court of Appeals held that Wisconsin law does not require Harley-Davidson
owners to wait until their engines fail before they can bring claims for fraud
or deceptive trade practices. The Court of Appeals held that it was sufficient
that plaintiffs alleged that they and class members either would not have
purchased the defective motorcycles if Harley-Davidson had not concealed from
them and the public the defect, or that they would have paid less for the
motorcycles had Harley-Davidson disclosed the alleged defect. A copy of the
appellate decision may be found at http://www.lieffcabraser.com/motorcycles.htm

It is estimated that over 100,000 model year 1999 and early-2000
Harley-Davidson motorcycles were sold with the allegedly defective TC-88
engine. These motorcycles include the Dyna Glide series (including the FXDX
Dyna Super Glide Sport, FXD Dyna Super Glide, FXDL Dyan Low Rider, and
FXDS-Conv Dyna Convertible), the FL Touring series (including the FLHT Electra
Glide Standard, the FLHTC/FLHTCI Electra Glide Classic, the FLHTCUI Ultra Class
Electa Glide, the FLHRCI Road King Classic, and the FLTR/FLTRI Road glide), and
the Softtail series models.

About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm with
offices in San Francisco, New York, Washington, D.C., and Nashville. Since
1972, Lieff Cabraser has successfully represented plaintiffs in class and
individual cases involving personal injuries and property damage due to
defective products, ranging from faulty building and home products to faulty
cars, tires and computer devices. Currently, we are playing a leading role in
litigation against Firestone and Ford Motor Company based on allegations that
the companies failed to disclose risks of tire tread separation associated with
the Firestone tires and the susceptibility for rollover accidents of the Ford

In addition, in other lawsuits against Harley-Davidson, Lieff Cabraser is
representing motorcyclists injured allegedly as a result of what are commonly
referred to as "high-speed wobble" (or "tank-slapper") accidents involving
Harley-Davidson motorcycles. These lawsuits are unrelated to the Wisconsin
consumer fraud class action. High speed wobble motorcycle accidents typically
involve shaking or instability in the front end of the motorcycle. For more
information on this litigation, please visit


Lieff Cabraser Heimann & Bernstein, LLP

Jonathan D. Selbin, 212/355-9500

[email protected]

Lisa J. Leebove, 415/956-1000

[email protected]

website: http://www.lieffcabraser.com

SOURCE: Lieff Cabraser Heimann & Bernstein, LLP

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