GM and Bosch have requested that a federal judge drop consolidated litigation which alleges that units of the Chevy Silverado and GMC Sierra were equipped with devices that allowed the pickups to cheat emissions testing.
Per a recent report from Law360, GM and Bosch filed separate summary judgment motions last week in which the companies told U.S. District Judge Thomas L. Ludington that consumers in the consolidated Racketeer Influenced and Corrupt Organizations (RICO) Act action have “no evidence of a defeat device under any definition.” Related litigation has been ongoing for the past five years, originally launching in 2017.
GM and Bosch seek to dismiss claims made by plaintiffs in so-called Duramax Diesel Litigation, as well as claims in three separate lawsuits covering an additional 3,000 plaintiffs, including the so-called Anderton, Bulaon, and Pantel actions.
GM and Bosch are accused of modifying emissions control systems onboard diesel-powered units of the Chevy Silverado and GMC Sierra pickup trucks to include a “dosing algorithm” that allegedly keeps the diesel engines within legal limits under test conditions, while allowing higher emissions during normal driving. Affected vehicles include 2011 through 2014 Chevy Silverado 2500HD, Chevy Silverado 3500HD, GMC Sierra 2500HD, and GMC Sierra 3500HD models equipped with the Duramax diesel engine.
However, GM argues that the “online dosing algorithm” which plaintiffs claim to be a “defeat device” is in fact designed to balance and neutralize nitrogen oxide emissions without over-injecting diesel exhaust fluid, and thus avoid the associated risk of toxic ammonia emissions. GM goes on to say that the alleged “defeat device” was fully disclosed to and approved by regulatory bodies including the EPA and CARB.
What’s more, Bosch, which produces the electronic control systems for related units of the Chevy Silverado and GMC Sierra, argued that plaintiffs are unable to tie fraud claims to the company’s promotion of “clean diesel” technology or Bosch ECUs.
In response, plaintiffs claim evidence that no reasonable consumer would pay premium prices for a diesel-powered pickup marketed as eco-friendly that was equipped with a defective emissions-control system, asking that the court certify a nationwide RICO class and multi-state consumer protection and fraudulent concealment classes.
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Comments
Likely encouraged by lawyers seeking a big $ettlement.
I hope the judge throws them out.
It’s all about the Benjamins for the rat bastard lawyers…..
Yup, sounds like a legal fishing trip. If found to be frivolous, the judge should penalize the law firm creating the suit with large fines and require them to pay all court costs and legal expenses. That would put a stop to it.
Who started this complaint
A misjudged perception on emission that is driven by incomplete analysis of all the facts. Diesel engines in comparison to other drive units for mobile workhorses are the most efficient and cleanest solution. EV have a huge burden at end of life. The source of the electric energy is also not fully weighed out. EV producers are assuming their vehicles are clean, not accounting for various aspects including mining of the lithium (most done by diesel power) . Not reality but perception driving the trends
I think all these people with these great ideas need to write it down on paper and work it out I’m telling you there’s no way to proceed further with electric vehicles until we get power from somewhere other than fossil fuel they need to give it up
As a reasonable owner of a 2011 Chevy k2500 Duramax, I value the vehicle for its performance and fuel efficiency. As long as it passes the mandated annual emissions testing, I’m happy if it doesn’t have a check engine light on going down the road. I’m good. Basically , even if the emission systems were” defective” as long as it still passed, I don’t care.
I own a 2013 Duramax. It is great for towing and work. It is by far been the most expensive vehicle i have ever owned to keep on the road. At 160000 mile the egr and turbo were toast. 12500 dollars later it runs great again. Not looking forward to the 300000 +/- miles that is coming up soon. Another expensive fix most likely. Not to mention the DEF heater has gone bad 4 times. One was covered under warranty. 1000 or so dollars for each of the other three times to fix. Every time this truck has had these issues it has been put in multiple limp modes and engine check lights that won’t let you drive it properly. The def and egr systems on these clean modern diesels are a joke. Can’t we go back to polluting. I probably should have done a delete but was always scared that i would get caught. That was dumb of me.
I would definitely buy a diesel with out all the after treatment BS or a limited version of it. I’m ok with DOCs or CATs, cuts down on the smell of the exhaust. My work truck is slowly loosing acceleration because some part of the emissions system is getting blocked up. Glad im not paying for it.
Remember a electric car makes more pollution than a Duramax between making electric to charge them and the materials to make the batteries.and let’s not forget battery recycling that’s not there yet . this lawsuit says lawyer fishing for settlement money all day hopefully the judge sees that .