Dodge Ram emissions class action revived after appeal

Dodge Ram emissions class action overview:

• Who: The Sixth Circuit Court of Appeals revived a class action lawsuit filed against FCA US LLC and Cummins Inc. by a group of Dodge Ram drivers.
• Why: The Dodge Ram drivers argue FCA and Cummins deceptively marketed certain Dodge Ram trucks as being more environmentally friendly than they actually were.
• Where: The Dodge Ram emissions class action lawsuit is pending in Michigan federal court.

The Sixth Circuit Court of Appeals has revived a class action lawsuit filed against FCA and Cummins by a group of Dodge Ram drivers who claim the companies deceptively marketed certain Dodge Ram trucks as being more environmentally friendly than they actually were.

The Dodge Ram drivers argue FCA and Cummins misled consumers about the emissions performance of certain Dodge Ram 2500 and 3500 diesel pickup trucks by concealing the existence of “excessive emissions devices” that resulted in the trucks guzzling fuel and emitting pollutants beyond legal limits or at a rate higher than comparable gasoline trucks or higher than what a reasonable consumer might expect.

The three-judge panel determined the Dodge Ram drivers’ claims against FCA and Cummins depend on what the companies marketed to consumers, not on the companies’ disclosures to regulators — namely, the U.S. Environmental Protection Agency (EPA) — about the trucks’ emissions performance or fuel economy.

Dodge Ram drivers’ claims not preempted by Clean Air Act, panel says

The panel determined the Dodge Ram drivers’ claims are not preempted by the Clean Air Act but noted “there remains work to do in the district court,” U.S. Circuit Judge Chad A. Readler wrote for the panel.

The panel remanded the dispute for the district court to more closely analyze the Dodge Ram drivers’ emissions and fuel-economy claims “to see if plaintiffs can challenge the trucks’ fuel economy without challenging the EPA’s approval of the trucks.”

The panel rejected FCA and Cummins’ arguments that the Dodge Ram drivers’ claims were unequivocally preempted based on the Sixth Circuit’s April 2023 ruling in a case involving Ford Motor Co.

The panel determined the Dodge Ram drivers’ claims are different because the trucks at issue in the class action lawsuit weigh more than 8,500 pounds and are exempt from the EPA-calculated fuel economy figure disclosure rule, Readler wrote.

Recently, FCA agreed to a settlement to resolve claims that 2017 and 2018 Dodge Grand Caravan vehicles were equipped with defective rear power sliding doors.

What do you think about the allegations against FCA and Cummins in the Dodge Ram emissions class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Steve W. Berman and Garth Wojtanowicz of Hagens Berman Sobol Shapiro LLP, Dennis A. Lienhardt Jr. of The Miller Law Firm P.C., James E. Cecchi of Carella Byrne Cecchi Brody & Agnello P.C. and Christopher A. Seeger of Seeger Weiss LLP.

The Dodge Ram emissions class action lawsuit is Bledsoe, et al. v. FCA US LLC, et al., Case No. 24-1094, in the U.S. Court of Appeals for the Sixth Circuit.

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