Judge Says GM, Bosch Can't Dismiss Suit Claiming Diesel CheatingBy
Owners and lessees of more than 705,000 GM Duramax branded diesel trucks filed a class-action lawsuit in May, claiming GM installed defeat devices in two models of heavy-duty trucks from 2011 to 2016. Germany-based supplier Robert Bosch GmbH also was named as a defendant in the GM case, described in the complaint as “an active and knowing participant in the scheme to evade” emissions standards.
- Judge denied GM and Bosch’s motions to dismiss, saying plaintiffs identified a number of communications that were “reasonably calculated to deceive persons of ordinary prudence and comprehension”
- The communications themselves may not have been demonstrably fraudulent, but they were intended to increase the likelihood that consumers would purchase Duramax vehicles because they produced emissions at a low level, when in fact the true level of emissions was much higher
- The case is Fenner v. General Motors LLC, 17-cv-11661, U.S. District Court, Eastern District of Michigan (Detroit).