06/09/22 | Case Update
GM’s Expert Excluded, Summary Judgment Denied in Part
Today Judge Ludington excluded one of GM’s experts and ruled on GM’s and Bosch’s motions for Summary Judgment. The Court found that “the record contains trial-admissible testimony of three defeat devices in the diesel Cruze, each of which would be a material omission.” Racketeering claims and some state-law claims were dismissed, but bulk of the suit will proceed.
Of GM’s expert Ryan Harrington, the Court said that he “has no qualification, education, or experience that renders him qualified” to assess the validity of Portable Emissions Measurement System (PEMS) testing. “He has not conducted a single PEMS test, has never received training in PEMS testing, and did not read the entire user manual for the equipment used in Plaintiffs’ PEMS-test program,” said Judge Ludington. The Court also denied Defendants’ motion to exclude Plaintiffs’ experts in its entirety.
Own a diesel Chevy Cruze? You may have overpaid. Hagens Berman filed a class-action lawsuit against GM brand Chevrolet claiming it installed emissions-cheating software in Cruze Clean Turbo Diesel cars, forcing consumers to pay high premiums for vehicles that pollute at illegal levels.
EMISSIONS CHEATING ALLEGATIONS EXPLAINED
The lawsuit filed by Hagens Berman alleges that Chevy Cruze Clean Turbo Diesel vehicles fail federal emissions standards:
- Highway conditions: vehicles emit nitrogen oxides (NOx) at up to eight times the federal standard
- Stop-and-go conditions: vehicles emit nitrogen oxides (NOx) at up to 13.8 times the federal standard
- PEMS tests show there is a sharp increase in NOx emissions as ambient temperatures begin to fall below 10°F, with NOx emissions as high as 307 mg/mile at 13.7°F, or 3.4 times the standard. As temperatures fall to 5.2°F, emissions increase to 535 mg/mile, or 5.9 times the standard. At an ambient temperature of -2.2°F, emissions increase to 1,602 mg/mile, or 18 times the standard.
- PEMS results show 1,224 mg/mile (17 times the relevant standard) average tailpipe NOx emissions between 95°F to 102°F outside air temperature.
YOUR CONSUMER RIGHTS AGAINST CHEVY
According to the lawsuit, Chevy marketed its Cruze diesel as a clean option, tacking on thousands of dollars, compared to similar gasoline models. According to reports, Chevy misled the public and sought to evade emissions testing. We believe consumers deserve compensation.
TOP AUTO LITIGATION LAW FIRM
Hagens Berman is one of the most successful auto litigation law firms in the U.S. and is presently leading lawsuits nationwide cases against Volkswagen, GM, Mercedes and Fiat Chrysler for use of diesel emissions-cheating software. Our firm’s independent research outpaces even government agencies, and we are the only firm dedicating its own resources to uncovering new instances of fraud. Hagens Berman has also taken on other automakers on behalf of consumers throughout the United States for safety defects and negligence, and your claim will be handled by attorneys experienced in automotive consumer law.
NO COST TO YOU
In no case will any class member ever be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class' legal team.
CASE TIMELINE
Plaintiffs file motion for class certification.
The Court issued an Order to Show Cause Why the Case Should not be Dismissed for Lack of Jurisdiction. Plaintiffs responded on October 1, 2021. Defendants responded on November 1, 2021.
Defendants filed motions for Summary Judgment. Plaintiffs and Defendants filed Daubert motions seeking to exclude expert testimony.
Plaintiffs served expert reports.
Plaintiffs and Defendants completed document discovery and depositions of fact witnesses.
U.S. District Judge Thomas L. Ludington denied, in its entirety, Bosch’s attempt to dismiss plaintiffs’ claims that Bosch engaged in a RICO conspiracy with GM relating to a defeat device used in Chevy Cruze diesel vehicles to evade emissions regulations.
In a ruling issued today, U.S. District Judge Thomas L. Ludington, overseeing the GM “Clean Diesel” litigation, upheld claims brought by owners of GM-branded Chevy Cruze diesel vehicles related to GM’s use of a defeat device to evade emissions regulations. Read the order »
