Lawsuit Claiming GM Cheated Tests With Chevrolet Cruze Diesel Moves Forward
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A U.S. district judge in Michigan allowed a lawsuit claiming General Motors cheated emissions testing with the first-generation Chevrolet Cruze diesel to move forward, according to The Detroit News.
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.
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Oh boy Detroit Judges. I hope GM wins this.
I’d like to know what kind of evidence they think they have. Not many people have full test equipment able to test emissions like would be required. And if they did – it’s more than likely whatever they think is a defeat device is just the vehicle undergoing a Regen.
Jacobs sent us a letter after the VW scandal exploded, requesting the use of our Cruze Diesel for emissions testing. Ultimately they didn’t need our vehicle, so it’s likely they found one or two cars before we responded. They clearly didn’t find anything – because there isn’t anything.
These nine people can feel free to repay the court for all the time they’ve wasted even considering this garbage.
GM should have each customer sign a document proving that they know how the Cruze Diesel operates and know how to use it correctly. Most car buyers assume (making then an “Ass”) that the high MPG is obtained by driving any way they want to !! And if Gm wins, have them pay for legal and advertisement fees to correct their allegations.
I like the lawyer’s last comment. And he is doing this law suite purely out of altruistic motives; to get the poor customers their hard-earned money back for those disgusting GM people. I am so very glad he will not be taking so much as a thin dime for handling the case. Good for you, Mr. Berman. I am so glad that somebody is putting profits, wealth, fame, and stardom aside to help these nine poor, mistreated waifs who have been so victimized.
“…placed greed and profits ahead … of owners …” Berman said.
I PURCHASED A BRAND NEW 2012 CHEVROLET CRUZE AS A GRADUATION PRESENT FOR MY DAUGHTER IN 2012. A FEW MONTHS AGO I RECEIVED A PHONE CALL FROM AN ATTORNEY’S OFFICE WHO HAD ALL OF MY PERSONAL INFO ALONG WITH THE CAR INFO. BECAUSE I NO LONGER OWNED THE VEHICLE (IT WAS TOTALED OUT DUE TO ACCIDENT) I WAS DEEMED INELIGIBLE. I RETAINED ALL OF THE PURCHASING DOCUMENTS ALL THE WAY THROUGH THE TOTAL LOSS DOCUMENTS. TO DATE, I’M STILL RECEIVING MAIL FROM DEALERSHIPS AND ATTORNEYS ASKING ME IF I WANNA TRADE MY 2012 CHEVY CRUZE DESPITE TELLING OVER AND OVER I NO LONGER OWN THE VEHICLE. EVEN THE EXTENDED WARRANTY PLACES ARE SENDING ME FLYERS THAT I CAN GET MONEY – DIDN’T HAVE EXTENDED WARRANTY.