Fiat Chrysler Owners Fight Motion to Dismiss Emissions Class Action

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.

In response to FCA USA LLC and Cummins Inc.’s motions to dismiss, a group of truck owners filed a 113 page brief alleging that they have sufficiently argued their claims that Dodge Ram trucks contain emissions cheating devices.

According to the plaintiffs in the Fiat Chrysler emissions class action, they have done extensive testing on the affected vehicles.

Plaintiffs’ experts reportedly conducted 758 tests covering 6,320 miles to investigate the Fiat Chrysler emissions scheme. Trucks involved in the testing include Dodge Ram 2500 trucks from model years 2007, 2009, and 2012, all of which contain a 6.7 liter diesel engine manufactured by Cummins.

Further data was provided when plaintiffs’ experts reportedly gathered engine electronic control module data from the truck models belonging to the named plaintiffs – Dodge Ram 2500 trucks from model years 2007 and 2008, and one Dodge Ram 3500 truck from model year 2007.

The testing concluded that Dodge Ram trucks contain a Fiat Chrysler emissions feat device which regulates how often vehicles enter active regeneration mode.

Active regeneration mode occurs to burn off soot which may become trapped in the diesel particulate filter. Because active regeneration mode produces higher emissions than regular driving, regulations state that trucks can only stay in this mode for 1.5 percent to 1.9 percent of the driving time.

“But, in real­world testing conditions, the vehicles enter active regeneration far more frequently than allowed by law; based on the tests, the vehicles entered this mode six to ten times more frequently than the law allows,” the consumers state in defense of their Fiat Chrysler emissions claims. “This not only means that the trucks are illegally emitting harmful pollutants, but the truck drivers are also experiencing dramatically reduced fuel mileage, as the fuel is burned to clean out the DPF and not for powering the engine.”

Plaintiffs argue that the testing and its conclusions are sufficient to satisfy U.S. District Judge Terrence G. Berg, who pointed out the plaintiffs’ shortcomings when he dismissed the first amended complaint with leave to amend in March. Their second amended complaint was filed in May, containing more information about plaintiffs’ experts testing.

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.; Paul J. Geller, Mark J. Dearman, Stuart A. Davidson and Jason H. Alperstein of Robbins Geller Rudman & Dowd LLP; Robert C. Hilliard of Hilliard Munoz Gonzales LLP; E. Powell Miller and Sharon S. Almonrode of The Miller Law Firm PC; and and Jerry E. Martin, David W. Garrison, and Seth M. Hyatt of Barrett Johnston Martin & Garrison LLC.

The Fiat Chrysler Emissions Class Action Lawsuit is James Bledsoe, et al. v. FCA USA LLC and Cummins Inc., Case No. 2:16-­cv­-14024, in the U.S. District Court for the Eastern District of Michigan.