Frequently Asked Questions
Who is in the Class?
The Class included all past and present owners of recreational and commercial Cummins 6B and 6C marine diesel engines (including the QSM-11 model) purchased in the United States on or after January 1, 1996 with Seawater Aftercoolers having no drain hole or valve at the time of original manufacture, whether the engines were operated in fresh or salt water, who:
- Originally purchased their engines from Cummins or an authorized Cummins dealer or distributor, or
- Originally purchased their engines as factory-installed original equipment in a boat purchased directly from a manufacturer which purchased directly from Cummins or an authorized Cummins dealer or distributor.
Do I have to stay in the Class?
You were entitled to pot out of the class on or before June 5, 2009. See the Notice on this website for details. If you opted out you will not be able to receive any settlement benefits. If you did not opt out, you cannot leave the class now.
Do I have to agree with the settlement?
You were entitled object to some or all of the settlement, or to the attorneys' fees the Plaintiffs' counsel have sought. See the Notice on this website for details. The time set by the Court to object to the settlement has, however, expired.
Do I have to pay an attorney myself for this settlement?
No. If you remainedd in the settlement Class you were represented by the Plaintiff's counsel. You do not have to pay them.
Who are the Plaintiff's attorneys who would be representing me?
Those attorneys are Robert H. Murphy and Gary J. Gambel of Murphy, Rogers, Sloss & Gambel, One Shell Square, Suite 400, 701 Poydras Street, New Orleans, Louisiana 70139, and Jennifer Willis of Willis & Buckley, 3723 Canal Street, New Orleans, Louisiana 70119.
What can I get now that the settlement is approved?
If you have already filed a timely qualifying claim for settlement benefits, you will be entitled to receive a drain hole or valve for the seawater aftercooler of your engine. Owners of commercial (as opposed to sport or recreational) engines may be entitled to a Limited Extended warranty as well. There are some variations on these benefits for certain class members who had, for example, already had a drain hole or valve installed. For more information please see the Settlement Agreement on this website. If you have not already filed a claim, however, it is too late to do so now.