— A GM Duramax diesel lawsuit is still in court seven years after originally filed, this time being debated in the U.S. Circuit Court of Appeals for the Sixth Circuit.
The original Duramax diesel lawsuit was filed in 2017 by plaintiff Andrei Fenner and consolidated with a Duramax diesel emissions lawsuit titled, Carrie Mizell v. General Motors, and now titled, In Re: Duramax Diesel Litigation.
The GM Duramax diesel lawsuit was dismissed in July 2023 after the judge found the class action was preempted by the federal Clean Air Act. The district court judge who dismissed the Duramax lawsuit ruled the EPA is in charge of emissions regulations and violations, not owners or attorneys.
According to the GM diesel lawsuit, the 2011-2016 Chevrolet Silverado 2500/3500 and GMC Sierra 2500/3500 diesel trucks were advertised as being equipped with "clean diesel" engines to help the environment.
The judge dismissed the case because the allegations involve concealing illegal emissions from the EPA, and it is the government's responsibility to deal with General Motors and its vehicles.
The plaintiffs appealed to the Sixth Circuit which has not released its decision.
The Duramax lawsuit alleges nitrogen oxide emissions are higher than GM advertised, even though the Environmental Protection Agency certified the Silverado and Sierra trucks.
In addition, an alleged defeat device reduces emissions controls after 200-500 seconds of steady speed operation at all temperatures, and the plaintiffs contend nitrogen oxide levels are 2.1 to 2.4 times above regulated limits.
Specifically, the class action alleges the GM Duramax engine can fool official test machines by placing the "selective catayltic reduction" in front of the "diesel particulate filter."
And the plaintiffs claim they paid about $9,000 each for the Duramax diesel trucks in comparison to gasoline versions.
The Duramax lawsuit asserts testing performed by the plaintiffs shows more than 700,000 trucks are illegal due to emissions defeat devices. Beginning with the Volkswagen emissions scandal in 2015, several automakers were accused of violating U.S. emissions regulations.
The GM Duramax class action alleges illegal defeat devices manipulate the emissions controls above 86 degrees Fahrenheit, the upper limit for emissions certification testing, and below 68 degrees Fahrenheit, the lower limit for emissions certification testing.
The GM Duramax lawsuit was filed in the U.S. District Court for the Eastern District of Michigan - Andrei Fenner and Joshua Herman, et al., v. General Motors LLC, et. al., also called In Re: Duramax Diesel Litigation.
The plaintiffs are represented by Hagens Berman, the Miller Law Firm PC, Seeger Weiss, Hilliard Muñoz Gonzales, and Carella, Byrne, Cecchi, Olstein, Brody, Agnello, P.C.
