Do you own or lease a 2013-2018 RAM 2500 or 3500 truck with a Cummins diesel engine? These vehicles allegedly pollute at illegally high levels.

Case Status
Active
Motion to Dismiss Denied (In Full or in Part)
Case Caption
Biederman v. FCA US LLC, and Cummins Inc.
Court
U.S. District Court for the Northern District of California
Judge Assigned
Hon. Jacqueline Scott Corley
Case Number
1:23-cv-06640
Defendant(S)
Fiat Chrysler
Cummins Inc.
File Date

AFFECTED VEHICLES

  • 2013-2018 RAM 2500 and 3500 trucks with Cummins diesel engines
  • 2007-2012 RAM 2500 and 3500 trucks with Cummins diesel engines are covered in a separate lawsuit learn more »

WHAT’S THE ISSUE?

Hagens Berman filed a class-action lawsuit claiming Fiat Chrysler (FCA) manufactured and sold approximately 630,000 2019-2018 RAM 2500 and 3500 trucks equipped with Cummins diesel engines that release illegally high levels of NOx emissions in real-world driving conditions. If you own or lease an affected Dodge RAM, Contact us »

EMISSIONS-CHEATING ALLEGATIONS EXPLAINED

The lawsuit alleges FCA and Cummins intentionally programmed the trucks to bypass or reduce the effectiveness of the trucks’ emission control system under normal operating conditions. According to the filed class action, consumers were deceived by the defendants’ failure to disclose the emissions controls were defective, and the trucks emitted unreasonably high levels of pollutants.

Attorneys say defendants had a duty to disclose that the affected vehicles were defective, had emissions that far exceeded those expected from an emissions system touted as state of the art and providing clean diesel emissions.

The lawsuit claims that because of defendants’ omissions, consumers overpaid for their RAM trucks, and their vehicles have suffered a loss in value. It also states that exposure to NOx pollutants has been linked to serious health issues.

In addition, the lawsuit claims that as a result of Cummins’ recall of the trucks as part of its settlement with the U.S. Justice Department, owners of the trucks have suffered a reduction of the trucks’ fuel economy along with increased consumption of the diesel exhaust fluid (DEF). As a result, truck owners are experiencing higher-than-expected and higher-than-promised operating costs and are paying more for diesel fuel and DEF. These increased expenses will continue for the life of the truck. 

CUMMINS TO PAY RECORD-SETTING $1.675B FINE

On Dec. 21, 2023, U.S. Attorney General Merrick Garland announced that the U.S. Justice Department had reached a settlement with Cummins in which the engine manufacturer will pay a $1.675 billion fine — the largest-ever civil penalty for a Clean Air Act violation — for installing the emission control devices.

Attorney General Garland stated, “…our preliminary estimates suggest that defeat devices on some Cummins engines have caused them to produce thousands of tons of excess nitrogen oxide emissions. The cascading effect of those pollutants can, over long-term exposure, lead to breathing issues like asthma and respiratory infections.”

YOUR CONSUMER RIGHTS

Hagens Berman believes consumers have the right to monetary relief for the premium price they paid for what they thought was an environmentally friendly diesel option. According to the firm's investigation, FCA charged consumers a premium price for vehicles that emit higher levels of NOx than a reasonable consumer would expect based upon defendants’ promises of a clean, state-of-the-art diesel emissions system. In addition, the lawsuit alleges that consumers have the right to monetary relief to compensate them for the increased cost of operating the trucks due to the decreased fuel and DEF economy that resulted from the recall instituted as part of Cummins’ settlement with the Department of Justice.

TOP AUTO LITIGATION FIRM

Hagens Berman is one of the most successful auto litigation law firms in the U.S. has achieved total settlements valued at more than $320 billion against some of the nation's most powerful corporations, including automakers. Hagens Berman has led nationwide lawsuits against Volkswagen, GM, Mercedes and Fiat Chrysler for use of diesel emissions-cheating devices. In 2016, the firm filed a class action against FCA and Cummins for installing emissions control devices in 2007-2012 RAM 2500/3500 trucks. Your potential 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's legal team.

CASE TIMELINE

Order Granting in Part and Denying in Part Defendants’ Motion to Dimiss

Consolidated Amended Class Action Complaint Filed

Complaint Filed

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