FCA Seeks Dismissal of Dodge Ram Emissions­ Cheating Class Action

Fiat Chrysler asked a court to dismiss an amended Dodge Ram emissions cheating class action, arguing that the plaintiffs failed to support their claims with sufficient evidence.

Plaintiffs in the case have already amended their complaint, but Fiat Chrysler argues that they still haven’t provided enough evidence that Dodge Ram trucks are equipped with emissions-cheating devices.

The amended complaint included emissions testing conducted by plaintiff counsel, but Fiat Chrysler argues that this testing only supports claims relating to one of the vehicles.

The auto maker also alleges that amended insinuations that regulatory agencies are investigating Dodge Ram trucks are not supported by any evidence.

“Nothing in the [second amended complaint] fixes the fundamental problem at the heart of this action — it is still based entirely on unregulated, unreliable and uncorroborated emissions testing conducted by or on behalf of plaintiffs’ lawyers, without the imprimatur or concurrence of any agencies responsible for regulating emissions, for the express purpose of generating private class action litigation,” Fiat Chrysler argues in their motion for dismissal.

The original complaint was filed in November 2016 but was dismissed in March 2018 after Fiat Chrysler argued that the plaintiffs’ claims were unsubstantiated.

Even after amendments were made, a federal judge found that the plaintiffs did not sufficiently plead their facts in a way which would make the allegations plausible.

Specifically, the judge noted that counsel testing of a 2012 Dodge Ram 2500 which showed that the vehicle produced higher emissions levels was not enough to support allegations that the vehicles are equipped with a device that cheats emissions tests.

Although the amended Dodge Ram class action lawsuit was dismissed, the judge gave plaintiffs leave to amend their argument’s defects. Plaintiff counsel embraced the opportunity to improve their complaint and maintained a positive outlook.

In May 2018, plaintiffs filed their second amended complaint to which Fiat Chrysler now takes issue. Fiat Chrysler argues that plaintiffs failed to provide corroborative testing and clear the “relatively low bar” set for them by the federal judge in March.

“Having allowed plaintiffs the opportunity to replead, this court should dismiss the [second amended complaint] with prejudice,” Fiat Chrysler concluded in their dismissal motion.

Plaintiffs are represented by Steve W. Berman and Jerrod C. Patterson of Hagens Berman Sobol Shapiro LLP, Christopher A. Seeger of Seeger Weiss LLP, James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC, E. Powell Miller and Sharon S. Almonrode of The Miller Law Firm PC, Paul J. Geller, Mark J. Dearman and Stuart A. Davidson of Robbins Geller Rudman & Dowd LLP and Jerry E. Martin, David W. Garrison and Seth M. Hyatt of Barrett Johnston Martin & Garrison LLC.

The Dodge Ram Emissions Cheating Class Action Lawsuit is Bledsoe, et al. v. FCA USA LLC, et al., Case No. 4:16­-cv­-14024, in the U.S. District Court for the Eastern District of Michigan.

UPDATE: On Aug. 13, 2018, plaintiffs in a Fiat Chrysler emissions class action recently defended their allegations to the court arguing that extensive testing shows that the auto maker lied about truck emissions.