 The suit further alleged that Mercedes knew of this problem, sending out repair bulletins on how to address this issue and ultimately changing the balance shaft gears to avoid this problem.This suit was ultimately dismissed with the judge agreeing with Mercedes that because the gears fail at 60 -80K miles and outside of the warranty period, Mercedes is not legally responsible for these problems.However, a second class action lawsuit was filed in October 2012 in Northern California, covering Mercedes-Benz models manufactured between 2005 and 2007.