— A Ram 2500 and 3500 Cummins diesel engine lawsuit has been partly dismissed, including dismissal of the important claim Fiat Chrysler (FCA US) and engine manufacturer Cummins conspired to cheat emissions tests.
According to the Ram 2500 and 3500 emissions class action lawsuit, the trucks and their 6.7-liter Cummins diesel engines emit illegal levels of pollutants that violate federal emissions standards.
The plaintiffs argue the emissions levels exceed limits by 50 percent and when the emissions system shuts down or stops functioning, drivers receive a "limp mode" warning.
The plaintiffs also claim defects in the diesel aftertreatment systems mean customers paid up to $10,000 per truck to receive the advertised fuel economy and emissions benefits that never existed.
In addition to alleged problems with the diesel aftertreatment defects, the class action alleges a "flash" defect causes a buildup of soot from clogged diesel particulate filters.
Dealers service the Ram 2500 and 3500 trucks by flashing the power control modules to burn off the soot, which allegedly causes the trucks to burn more fuel. However, the lawsuit alleges the fuel economy drops by 25% and many times truck owners allegedly aren't told about the flashed control modules.
According to the lawsuit, FCA allegedly sold the 2013-2017 trucks with faulty sealant in the catalytic reduction system, clogging the filters which causes more fuel to be injected to burn off the soot. FCA and Cummins allegedly concealed the emissions problems since at least 2014
FCA told the judge the Ram trucks may have had issues in the past, but a previous recall took care of everything and should have satisfied customers.
According to Cummins, the class action is unnecessary because previous recalls satisfied the Environmental Protection Agency (EPA).
Chrysler further told the judge fraud claims are nonsense because Cummins and FCA worked with the government on solutions to the problems. Those solutions were implemented to the satisfaction of federal regulators.
In addition to the dismissed Racketeer Influenced and Corrupt Organizations (RICO) Act claim, the judge erased the federal Magnuson-Moss Warranty Act claim and multiple claims related to breach of contract, consumer protection and fraud claims.
According to the judge, 16 state law claims can move forward, in addition to certain alleged misrepresentation claims.
Although the majority of the claims against FCA were dismissed, Judge Terrence G. Berg says he will allow the plaintiffs to rearrange their arguments and refile the lawsuit if they choose.
The Ram 2500 and 3500 and Cummins engine lawsuit was filed in the U.S. District Court for the Eastern District of Michigan - Raymo, et al., v. FCA US LLC, and Cummins Inc.
The plaintiffs are represented by Hagens Berman Sobol Shapiro LLP, The Miller Law Firm PC, Seeger Weiss LLP, Carella Byrne Cecchi Olstein Brody & Agnello PC, and Mastando & Artrip.