Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Navistar to Settle Class Actions over MaxxForce Engines

Navistar International has agreed to settle pending class action lawsuits that alleged that certain Navistar MaxxForce Advanced EGR engines are defective and that Navistar failed to disclose or correct the alleged defect.

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
May 29, 2019
Navistar to Settle Class Actions over MaxxForce Engines

Agreement on class actions calls for Navistar to establish a $135 million settlement fund.

Image via Navistar

3 min to read


Truck and engine maker Navistar International has agreed to settle a number of pending class action lawsuits in the United States. The class actions, which were previously consolidated in the U.S. District Court for the Northern District of Illinois, alleged that certain Navistar MaxxForce Advanced EGR (exhaust gas recirculation) engines were defective and that Navistar failed to disclose or correct the alleged defect.

The settlement agreement, reported on a Form 8-Kfiled with the Securities and Exchange Commission on May 29 and subject to approval by the respective court, calls for Navistar to:

Ad Loading...
  • Establish a $135 million settlement fund, consisting of a cash fund and a rebate fund

  • Contribute $85 million to the cash fund, which will be used to pay all settlement fees and expenses, service awards, attorneys’ fees and costs, and cash payments to members of the settlement class

  • Commit to make available rebates with a face value totalling $50 million to the rebate fund.

The settlement will release Navistar and its affiliates from all claims and potential claims arising from or related to the allegations in the class actions, according to the company, except for claims for personal injury or damage to third-party property.

Asked by HDT to comment, Lyndi McMillan, Navistar’s director of business communications, explained that the company is taking a charge of $159 million in the second quarter "to address the costs associated with current period liabilities and future potential settlements of certain litigation related to Model Year 2011-2014 Class 8 trucks sold in the U.S. with the company’s 11L and 13L EGR-only engines, including U.S. class action lawsuits.

Ad Loading...

“This amount also includes additional funds for certain other engine lawsuits that are not included in the settlement agreement,” she continued, adding that the settlement agreement remains subject to approval by the court.

“Navistar expects that this preliminary step toward the settlement of these U.S. class action lawsuits will accelerate our efforts to move past the MaxxForce 11L and 13L EGR engines in the U.S.”

Jonathan Selbin of Lieff Cabraser Heimann & Bernstein, partner and co-lead counsel for the plaintiffs, commented in a May 29 news release that, “After years of hard-fought litigation, we believe this settlement represents an outstanding result for class members. In particular, we are proud of the choices it provides class members." They can choose a "no questions asked" cash payment of up to $2,500 per truck, or $10,000 rebate off the best negotiated price of purchase of a new truck, he explained, or can recover proven actual out-of-pocket damages of up to $15,000 per truck.

“We are also pleased Navistar stepped up to take care of its customers,” the attorney added.

The gist of the long-running class actions against Navistar regarding its EGR-only engines, according to a white paperposted by the Cohen Milstein law firm, is that Navistar and certain of its officers and directors, beginning in November 2010, allegedly made false representations regarding Navistar’s engine technology and its compliance with 2010 EPA emission rules.

Ad Loading...

“Plaintiffs contended that as a result of Navistar’s alleged missteps concerning emissions compliance and its false and misleading statements concerning the company’s ability to achieve compliant technology by certain EPA deadlines, Navistar allegedly faced legal, technological, and liquidity issues, which threatened its business,” the white paper states. “Plaintiffs also claimed that to conceal such facts from Navistar’s investors and customers, the company repeatedly falsely represented that it had EPA-compliant EGR engines ready to be certified and that would imminently be released to the market.”

In July 2012, Navistar announced that it was ceasing production of all 15L MaxxForce Class 8 heavy-duty diesel engines, and abandoning the use of its EGR-only technology on all its other Class 8 engines, instead moving to the selective catalytic reduction technology that other diesel engine makers used to meet the EPA 2010 emissions requirements.

From the HDT Archives: Upcoming Diesels in Focus (2008)

More Equipment

photo of a military truck with "Great American Trucks" wording on top of red-white-and-blue background.
Equipmentby Jack RobertsJune 16, 2026

Great American Trucks: The International MaxxPro MRAP

Built from an International WorkStar chassis and powered by a MaxxForce diesel, the MaxxPro MRAP became one of the most important military trucks of the Iraq War era.

Read More →
2026 Mack Granite interior.
Equipmentby News/Media ReleaseJune 11, 2026

New Mack Granite Cab Puts Driver Comfort Front and Center

Mack’s next-generation vocational truck features a roomier cab, premium seating, advanced steering technology, and a driver-focused interior designed with direct input from professional operators.

Read More →
Mack Trucks Pioneer Nascar Salutes truck.
Equipmentby News/Media ReleaseJune 11, 2026

Mack Unveils Fan-Selected Patriotic NASCAR Pioneer Wraps

Racing fans picked the patriotic design now featured on three Mack Pioneer trucks hauling NASCAR equipment across the country during the 2026 season.

Read More →
Ad Loading...
Michelin X Line Grip D tires.
Equipmentby News/Media ReleaseJune 9, 2026

Michelin Expands X Line Grip D Tire Line

Michelin is expanding its X Line Grip D drive tire lineup with a new pre-mold retread and additional sizes, building on what the company says is strong fleet adoption of the tire's traction, mileage, and fuel-efficiency benefits.

Read More →
Illustration of SCR/DEF system on heavy-duty truck
Equipmentby News/Media ReleaseJune 4, 2026

Engine Technology Forum Launches SCR, DEF Resource Center Amid Emissions Debate

The Engine Technology Forum’s new online hub aims to provide fleets, policymakers, and equipment owners with fact-based information about selective catalytic reduction technology, diesel exhaust fluid and emissions compliance.

Read More →
Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →
Ad Loading...
Red Kenworth truck pulling Paper Transport trailer
Fuel Smartsby Deborah LockridgeJune 2, 2026

Lessons Learned About Alternative Fuels: Start Small, Stay Flexible

Practical advice on adopting alternative fuels and ZEVs from HDT's 2026 Top Green Fleets, from renewable diesel and natural gas to electric trucks.

Read More →
Kenworth T680.
Equipmentby News/Media ReleaseMay 27, 2026

Kenworth Names Peter Ahrens General Manager

Leadership changes at Kenworth take effect July 1 as the OEM promotes two longtime Paccar executives to key management roles.

Read More →
White Hino Le electric tractor on show floor
Equipmentby News/Media ReleaseMay 26, 2026

Hino Adds Electric Class 6/7 Truck

Hino says the Le Series is an important step in the company's efforts to reduce environmental impact and support its customers’ sustainability goals.

Read More →
Ad Loading...
Big standing "ACTExpo" sign in convention center lobby
Equipmentby Deborah LockridgeMay 26, 2026

ACT Expo 2026: Highlights in Photos

The 2026 Advanced Clean Transportation Expo featured a broad range of commercial vehicle technologies, from EVs to autonomous trucks to the latest diesel and alternative-fuel engines.

Read More →