The plaintiffs claimed that their diesel Cruze models emitted far more NOx than permitted
9 hours ago
- The lawsuit claimed certain Cruze models had diesel emissions defeat devices.
- Most claims were dismissed over lack of evidence, but some are still up for trial.
- The U.S. Court of Appeals ruled the case must return to a district court for review.
Dealing with the justice system is often a marathon, not a sprint, and 10 Chevrolet Cruze owners in the United States are getting a painful reminder of that. Nine years after they first sued Chevrolet, claiming the company had used emissions defeat devices in diesel models of the compact sedan, the lawsuit is making its way back to court.
Watch: Chevy Cruze Driver Causes Head-On Collision With Suicidal Overtake
This all began shortly after Volkswagen’s dieselgate scandal rocked the automotive world, exposing levels of deception no one thought possible from one of the largest automakers on the planet. The plaintiffs in this case allege that, just like several VW models, the 2014-2015 diesel Cruzes were equipped with software that could disable or reduce emissions controls when the vehicle wasn’t being emissions-tested.
The Emissions Cheating Allegations
The lawsuit claims that, as a result, these specific Cruze models emitted significantly higher levels of NOx than what GM had advertised, and more importantly, higher than what the EPA’s standards allowed. In other words, they were polluting at levels that would have kept the vehicles from earning a Certificate of Conformity, the key approval needed to sell cars in the U.S. The plaintiffs argued that their cars should’ve been recalled.
Back To Court
However, over the years, most of the claims from the lawsuit were dismissed for lack of evidence. Additionally, a judge found that in the five years after the case was filed, none of the plaintiffs had attempted to have their vehicles repaired, despite previously claiming that the diesel cheating could cause them to lose money on “future attempted repairs.”
But, as they say, you can’t keep a good lawsuit down. Earlier this month, though, the U.S. Court of Appeals for the Sixth Circuit ruled that plaintiffs now have another chance to prove their claims to a lower district court. The plaintiffs believe that certain fraud claims are not preempted by federal emissions regulations and the Clean Air Act.
Given that the case has been pending for nine years, the judge said that new litigation will not be permitted, and the suit is being remanded to the district court simply to determine if the remaining claims are preempted.
The Roman proverb Dura Lex, Sed Lex (which translates to “the law may be tough, but it’s the law”) inadvertently springs to mind. At least those who feel they’ve been wronged can still hope to get some compensation – and that’s better than nothing, we suppose…
