— A Chevrolet Cruze class action lawsuit that lingered for years in court may finally really be over as the federal judge hearing the case refused to reconsider an alleged $2.4 million settlement with Bosch.
The plaintiffs who sued purchased 2014-2015 Chevy Cruze diesel vehicles which allegedly contained illegal emissions "defeat devices" made by parts supplier Bosch.
The class action lawsuit alleges Cruze owners overpaid for their vehicles because GM and Bosch duped them into buying the vehicles.
After five years in court, the judge could still find no evidence the Cruze vehicles were defective due to alleged emissions defeat devices.
In January 2023 the plaintiffs and Bosch entered a settlement agreement for “not more than $2,375,000,” but in July 2023 the entire GM/Bosch class action lawsuit was dismissed.
The judge dismissed the class action altogether because the lawsuit claims were preempted by the federal Clean Air Act.
As supported by an appeals court, the judge ruled the Environmental Protection Agency and other agencies call the shots regarding emissions regulations.
The judge determined a vehicle owner, attorney, judge or jury had no legal right to question Congress and federal agencies concerning emissions regulations.
Bosch terminated its settlement agreement with the plaintiffs one week later, but the plaintiffs filed court documents asking the judge to reconsider the class action settlement agreement with Bosch.
It was the only way the plaintiffs and their attorneys would receive anything from a lawsuit that was argued in court for eight years.
"Defendant Bosch responds that there was no pending motion for preliminary approval of the settlement agreement at the time for this Court to address and that it terminated the settlement agreement according to the agreement’s terms, so there is nothing for this Court to consider." — Judge Thomas L. Ludington
The judge sided with Bosch by finding he would need to "address a hypothetical motion for approval of a class settlement in an order dismissing Plaintiffs’ claims when no such motion was pending."
The judge dismissed the hope of a Bosch settlement because the settlement had not been formally approved because there was no motion for preliminary approval of a class action settlement prior to July 12, 2023.
The Chevrolet Cruze class action lawsuit was filed in the U.S. District Court Eastern District Of Michigan: Counts, et al., v. General Motors LLC.
The plaintiffs are represented by Carella, Byrne, Cecchi, Olstein, Brody & Agnello, PC, Hagens Berman Sobol Shapiro LLP, and Seeger Weiss LLP.
