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A Ram Cummins emissions lawsuit will continue after a federal judge dismissed certain claims but ruled the plaintiffs could change and refile many of their claims again.
Chrysler and engine manufacturer Cummins allegedly conspired to build and sell diesel trucks equipped with illegal emissions control devices.
The Ram Cummins emissions lawsuit was not filed until the U.S. Justice Department announced an agreement with Cummins that required the company to pay a nearly $1.7 billion penalty for alleged emissions violations in about 630,000 Ram 2500 and Ram 3500 trucks.
In addition to paying nearly $1.7 billion, Cummins was required to pay for the recall of about 630,000 model year 2013-2019 Ram 2500 and 3500 Cummins diesel trucks.
Model year 2020-2023 Ram 2500 and Ram 3500 diesel trucks were not included in the emissions recall. But the class action lawsuit includes 2013-2023 Ram 2500 and 3500 trucks allegedly equipped with illegal emissions defeat devices.
Specifically, the Ram Cummins diesel emissions class action lawsuit includes:
“All persons or entities in the United States who own, owned, lease, and/or leased a Class Truck as of December 23, 2023. Class Trucks include 2013 to 2023 Ram 2500 and Ram 3500 pickups equipped with a Cummins 6.7-Liter diesel engine.”
FCA argues there is no case because the trucks were repaired for free under the recall. But Ram owners claim even if that is true, they still overpaid for their diesel trucks.
Motion to Dismiss the Ram Cummins Emissions Lawsuit
Fiat Chrysler filed a motion to dismiss the class action lawsuit and was successful with certain claims, while other claims were allowed to move forward by the judge.
Judge Jacqueline Scott Corley says she must draw “all reasonable inferences in favor” of the plaintiffs, and they have “plausibly alleged FCA’s and Cummins’ knowledge of the defeat device prior to selling the Class Trucks to consumers.”
However, the judge did dismiss racketeering claims and warranty claims. Some of the plaintiffs said taking their trucks to dealers would have been a waste of time, but the judge had issues with that line of reasoning.
According to Judge Corley, certain plaintiffs claim their trucks were defective yet they didn’t take their vehicles to dealerships for inspections or repairs. The judge ruled FCA couldn’t have breached warranties when truck owners didn’t even take their vehicles to dealerships for repairs under the warranties.
Other claims will proceed, including state consumer protection claims and false advertising claims.
The Ram Cummins emissions lawsuit was filed in the U.S. District Court for the Northern District of California: Biederman, et al., v. FCA US LLC, and Cummins Inc.
The plaintiffs are represented by Baron & Budd P.C., Hagens Berman Sobol Shapiro LLP, Seeger Weiss LLP, Lieff Cabraser Heimann & Bernstein, LLP, Carella Byrne Cecchi Brody Agnello, P.C., The Miller Law Firm, P.C., and Motley Rice LLC.