However, the judge also dismissed a large portion of the lawsuit claiming GM and Chevrolet breached a contract, per GM’s request, because the “defendants did not adequately present facts to support that claim.”
“We’re pleased with the ruling because the court found that many of the legal theories put forward by the plaintiffs don’t hold water,” GM spokesman James Cain said. “We’re confident their remaining claims will eventually fail as they are baseless.”
The original lawsuit was filed in June of 2016 and claims GM and Chevrolet used software to cheat emissions testing. Nine Cruze diesel owners filed the lawsuit and are seeking buybacks, reimbursement for the premium customers paid over the gasoline-powered Cruze and compensation for any “fix” deemed necessary for the vehicles.
The most significant portion of the lawsuit moves forward, however, stating GM and Chevrolet marketed the Cruze diesel as a “clean vehicle” using deceptive manners. The judge stated those claims can move forward, writing plaintiffs can support allegations of false advertising to create an artificial market premium for the Cruze diesel.
Steve Berman, managing partner of Hagens Berman, said in a statement that the firm looks forward to recovering alleged damages for customers.
“Diesel emissions fraud didn’t stop with Volkswagen or Mercedes – GM has proven that it, too, placed greed and profits ahead of thousands of owners who paid premium prices for what they thought were clean diesel cars,” Berman said.