— A GM Duramax lawsuit will move forward after a U.S. District judge in Michigan found enough evidence to support claims that more than 700,000 model year 2011-2016 Chevrolet Silverado 2500 and 3500 and GMC Sierra 2500 and 3500 diesel trucks may have been equipped with devices to cheat emissions tests.
The General Motors class-action lawsuit was filed in 2017 and alleges the Duramax diesel trucks emit illegal levels of nitrogen oxides because General Motors worked with supplier Bosch to install emissions-cheating devices.
According to the lawsuit, the 700,000 Silverado and Sierra trucks have three emissions defeat devices the automaker concealed from regulators and consumers.
The plaintiffs claim a test of a Duramax diesel truck showed a device that was detected at temperatures above 86°F, another device that was activated at temperatures below 68°F and another was allegedly detected after the truck had been running between 200 and 500 seconds.
The lawsuit alleges parts supplier Bosch created engine management software for the diesel trucks, leading to conspiracy charges against the company and General Motors. Additionally, by altering the diesel emissions systems, the plaintiffs claim the trucks suffer from reduced fuel economy, power and performance.
According to the plaintiffs, Sierra and Silverado Duramax diesel truck owners have suffered "out-of-pocket loss, future attempted repairs and diminished value of the affected vehicles."
Bosch and GM filed motions to dismiss but the judge ruled conspiracy claims could move forward against both companies, in addition to claims of violations of state consumer laws.
“Plaintiffs have identified a number of predicate acts of mail or wire fraud with sufficient specificity to avoid dismissal.” - Judge Thomas L. Ludington
The automaker says the Chevy Silverado and GMC Sierra trucks meet all Environmental Protection Agency emissions standards as well as standards set by the California Air Resources Board.
The GM Duramax lawsuit was filed in the U.S. District Court for the Eastern District of Michigan - Andrei Fenner and Joshua Herman, et al., v. General Motors LLC, et. al.
The plaintiffs are represented by Hagens Berman, the Miller Law Firm PC, Seeger Weiss, Hilliard Muñoz Gonzales, and Carella, Byrne, Cecchi, Olstein, Brody, Agnello, P.C.