Michigan judge rejects motion to dismiss emissions cheating class action against GM and Bosch

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by Charles Miller

A federal judge in Michigan has denied motions filed by General Motors and Robert Bosch Gmbh to dismiss a lawsuit over allegations of emissions cheating against the two companies. GM and Bosch are facing a proposed class action lawsuit alleging that the two companies installed emissions defeat devices on GMC and Chevrolet diesel trucks.

Bosch and GM filed motions to dismiss the lawsuit in October. The motion stated that the members of the proposed class action lacked standing to file the suit and called the allegations against the two companies “impermissibly vague.” The motions also claimed that the vehicle owners’ state-level claims were preempted by the Clean Air Act, and that RICO claims in the class action failed to demonstrate an actionable injury on the part of GM and Bosch.

After review these claims by the two companies, U.S. District Judge Thomas L. Ludington denied their motion to dismiss. The judge stated that the drivers’ allegations that they overpaid for GM’s “clean diesel” vehicles were sufficient to justify by the RICO and state law allegations in their class action lawsuit.

Judge Ludington also dismissed claims by Bosch that the alleged emissions cheating conspiracy could not be directly traced to the parts supplier. The judge wrote that the drivers’ lawsuit clearly alleged that “Bosch worked closely with GM to install working defeat devices” on the affected Chevy and GMC truck models.

Allegations of Emissions Cheating Against GM and Bosch

The lawsuit against GM and Bosch was filed in May 2017. According to the lawsuit, GM’s Chevy Silverado and GMC Sierra 2500HD Duramax diesel models were equipped with emissions cheating software. This “cheat device” was designed by GM and Bosch to cause the affected models to emit lower pollution levels during emissions testing, making them appear to be far more environmentally friendly than they were under normal driving conditions.

Drivers who purchase or leased one of the vehicles affected by the alleged emissions cheating paid about $9,000 more for these trucks than they would have for comparable gasoline models. Currently, there are more than 700,000 Chevy and GMC trucks on the road affected by GM and Bosch’s emissions cheating, the lawsuit states.

The proposed class action lawsuit against GM and Bosch is the latest in a string of emissions cheating lawsuits filed against major automakers. In September 2015, Volkswagen admitted that it had installed emissions cheat devices on 11 million VW, Audi, and Porsche diesel models. The company later agreed to pay $14.7 billion to settle emissions cheating lawsuits filed in the U.S.

Since the emissions allegations against VW were made public, other automakers have also faced lawsuits over allegations of emissions cheating. Over the past two years, Audi, BMW, Fiat Chrysler, and Mercedes Benz had also faced lawsuits over charges that they manipulated the emissions levels of their diesel- or gasoline-powered vehicles.

Emissions Cheating Lawsuits Filed by Heygood, Orr & Pearson

If you own or lease a 2011-2016 Chevrolet Silverado and GMC Sierra 2500 HD and 3500 HD Duramax diesel truck, you may be eligible to file a lawsuit against GM over the company’s alleged emissions cheating. The first step in finding out if you qualify is to speak with an experienced attorney to learn more about your legal rights and discuss the first steps in filing a case.

For more information about the emissions cheating lawsuits filed against General Motors and to learn more about whether you qualify to file a claim, contact the lawyers at Heygood, Orr & Pearson by calling us toll-free at 1-877-446-9001. You can also reach us by following the link to our free case evaluation form and answering a few short questions about your vehicle to get started.

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