As previously reported by GM Authority in April 2022, a class action lawsuit was filed against The General over issues with the 2.4L Ecotec I4 gasoline engine. While this lawsuit is still active, a new ruling has several portions of the case dismissed.
According to a report from Car Complaints, General Motors filed to dismiss the lawsuit, which is related to an issue with the PCV system, and argued that the case cannot be a nationwide class action lawsuit because the plaintiffs only live in six U.S. states. That being said, Judge Mark A. Goldsmith did not provide a ruling on the nationwide argument, but did dismiss several claims.
There were five claims dismissed, including:
- Common law fraudulent concealment claims brought under the laws of Wisconsin, Michigan and Massachusetts.
- Claims brought under the Illinois Consumer Fraud and Deceptive Business Practices Act.
- Claims brought under the Minnesota Deceptive Trade Practices Act.
- Claims brought under the Wisconsin Deceptive Trade Practices Act, to the extent those claims are based on omissions.
- All implied warranty claims including Magnuson-Moss Warranty Act claims; and breach of contract claims based on contracts with dealerships not authorized by GM.
However, there were five other claims allowed to move forward, including:
- Claims brought under New York and Minnesota fraudulent concealment theories.
- Claims brought under New York General Business Law 349 and 350.
- Claims brought under the Wisconsin Deceptive Trade Practices Act, to the extent those claims are not based on omissions.
- Breach of contract claims based on contracts with GM dealerships.
- Unjust enrichment claims.
It’s worth noting that this future of this lawsuit will depend on how Judge Goldsmith rules the nationwide argument.
For those who may be unaware of this lawsuit, here’s a quick synopsis. Plaintiffs claim that affected vehicles do not have a traditional positive crankcase ventilation valve, but rather a fixed orifice vacuum port in the intake manifold. This small fixed orifice, located between the #2 and #3 intake runners, can get clogged with water, sludge and grime or, in cold weather conditions, ice and snow. If the PCV system becomes clogged, the crankcase pressure can cause the engine’s rear main seal to fail, which can lead to an oil leak, and potentially total engine failure.