Chrysler and Cummins say Ram emissions lawsuit should be tossed based on empty claims.

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Chrysler and Cummins say Ram emissions lawsuit should be tossed based on empty claims.

— A Dodge Ram emissions lawsuit is still in court but won't be much longer if Chrysler gets what it wants from a judge. The automaker filed a motion to dismiss the emissions lawsuit that alleges Dodge Ram trucks emit illegal levels of nitrogen oxides due to "defeat devices" that alter emissions during testing.

In addition to Fiat Chrysler (FCA US), engine manufacturer Cummins is named as a defendant because the trucks are equipped with 6.7-liter diesel engines.

According to the lawsuit, the following trucks allegedly contain illegal emissions defeat devices:

  • 2007-2010 Dodge Ram 2500 with Cummins diesel (2WD, 4WD)
  • 2011 Dodge Ram 2500 with Cummins diesel (non-SCR systems, 2WD, 4WD)
  • 2012 Ram 2500 with Cummins diesel (non-SCR systems, 2WD, 4WD)
  • 2007-2010 Dodge Ram 3500 with Cummins diesel (2WD, 4WD)
  • 2011 Dodge Ram 3500 with Cummins diesel (non-SCR systems, 2WD, 4WD)
  • 2012 Ram 3500 with Cummins diesel (non-SCR systems, 2WD, 4WD)

According to the plaintiffs, Dodge Ram engines are equipped with nitrogen oxide emissions "adsorber" technology to allegedly keep the Ram 2500 and 3500 diesel trucks "clean" at the same time Chrysler and Cummins worked together to sell trucks that harmed the environment.

The plaintiffs also allege consumers purchased the trucks without knowing the trucks burn diesel fuel at a higher rate, which causes more money to be lost due to the cost of extra fuel.

A major claim of the lawsuit accuses Chrysler and Cummins of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act by working together to commit fraudulent concealment, false advertising and to violate consumer protection laws.

However, Chrysler told the judge the case should be dismissed because the plaintiffs don't specify what false statements it made about the emissions of the trucks. Additionally, FCA says the case should be dropped because racketeering charges don't hold water due to the plaintiffs lumping FCA and Cummins together, something that cannot be done when alleging fraudulent actions.

Cummins argues the plaintiffs do not identify any advertisements allegedly issued or sponsored by Cummins concerning the engines and instead, the documents mentioned in the lawsuit are press releases or other materials to Cummins’ investors. In addition, the plaintiffs allegedly can't prove they relied upon any advertisements when deciding to buy the Ram trucks.

Cummins says the plaintiffs are trying to ride the Volkswagen emissions scandal by citing multiple studies performed in other countries of other vehicles equipped with other engines, not the 6.7-liter diesel engines installed in the Ram trucks.

FCA and Cummins argue the plaintiffs may have filed an 800-page lawsuit, but at no time do the plaintiffs state a claim or allege any facts showing the owners suffered any injury or harm. In addition,Cummins says the plaintiffs don't have standing for alleging claims under the laws of 39 states because none of the plaintiffs are from those 39 states and therefore suffered no harm in those states.

In addition, the plaintiffs don't allege any financial harm because of the engines, and claims of RICO violations don't stand up because the "Plaintiffs do not plead facts identifying any affirmative misrepresentations by Cummins, nor any facts suggesting Cummins acted with the intent to deceive Plaintiffs."

In one of the biggest attempts to refute the claims of the plaintiffs, Chrysler says the entire case is allegedly based on the "self-serving, unregulated test of a single vehicle."

The automaker told the judge the 800-page lawsuit never mentions where the alleged emissions test was performed on the one truck or where the truck came from.

According to Chrysler, the plaintiffs never claim the test truck belonged to any of them.

The Dodge Ram emissions lawsuit was filed in the U.S. District Court for the Eastern District of Michigan - James Bledsoe, Paul Chouffet, Jay Martin and Martin Rivas, et al, v. FCA US LLC, and Cummins Inc.

The plaintiffs are represented by Carella Byrne Cecchi Olstein Brody & Agnello PC, Hagens Berman Sobol Shapiro LLP, Hilliard Munoz Gonzales L.L.P, The Miller Law Firm PC, and Seeger Weiss LLP.

CarComplaints.com has complaints about the Dodge Ram trucks named in the emissions lawsuit:

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