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Thank you for contacting Kessler Topaz regarding the class action lawsuit (the “Action”) filed against Mazda Motor of America, Inc. d/b/a Mazda North American Operations and Mazda Motor Corporation (collectively “Mazda”), which was filed in 2019. 

Please be advised that in February 2023, the Court issued an order granting summary judgment in Mazda’s favor and entered judgment for Mazda. The effect of entering judgment for Mazda was that the case ended before a trial. We are currently appealing this decision.  

Please note that there were a limited number of claims being pursued at the time of the Court’s dismissal.  If the appeal is successful, the Action will be limited to individuals who purchased a Mazda CX-9 with a 3.5 L or 3.7 L Cyclone Engine (model years 2008-2015) or Mazda 6 (model years 2009-2013) with a 3.5 L or 3.7 L Cyclone Engine in the following six states: 1) California; 2) Massachusetts; 3) Michigan; 4) Missouri; 5) Ohio; and 6) Virginia.  

Again, if the Appellate Court allows the Action to proceed against Mazda, the above-mentioned states are the ONLY claims that may be included in the Action.  There is no guarantee that all of these claims will be permitted to proceed for these six states and/or all of the vehicles described above will be included. 

Thank you again for your submission and interest in this Action.  If you are from one of the six states (California, Massachusetts, Michigan, Missouri, Ohio or Virginia) and purchased one of the above vehicles, we will continue to provide you with periodic updates about the Action.   Please be advised that the appeal process takes an average of 2 to 3 years for the Appellate Court to render a decision.  

Due to the high call volume, if you have any additional questions, please use the form below and include your question in the “Message” section or by email at  We thank you for your consideration. 

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