— A GM Duramax lawsuit is partially alive after the lawsuit was dismissed and appealed to the U.S. Circuit Court of Appeals for the Sixth Circuit.
The results of the appeal show how different judges can read the exact same laws and come to completely different conclusions.
Two of the Sixth Circuit judges ruled parts of the lawsuit should not have been dismissed, but the remaining judge disagreed.
The GM Duramax lawsuit was filed in 2017 as several automakers were repeatedly sued over diesel emissions following Volkswagen's diesel emissions sins.
The class action lawsuit alleges GM Duramax diesel engines emit illegal levels of nitrogen oxides in 2011-2016 Chevrolet Silverado 2500 and 3500 and 2011-2016 GMC Sierra 2500 and 3500 diesel trucks.
According to the lawsuit, the trucks were advertised as equipped with "clean diesel" Duramax engines to help the environment.
But the GM Duramax lawsuit 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.
According to the plaintiffs, official emissions test machines provide inaccurate emissions levels because the GM Duramax engine "selective catayltic reduction" is placed in front of the "diesel particulate filter."
The Duramax class action alleges owners paid about $9,000 more for the allegedly clean diesel engines compared to gasoline versions. But experts estimate consumers were duped into pay nearly $600 more per truck for the sham clean diesel technology.
A judge dismissed the GM Duramax diesel lawsuit in July 2023 after the judge found the class action was preempted by the federal Clean Air Act. The district court judge ruled the Environmental Protection Agency is in charge of emissions regulations and violations, not vehicle owners or lawyers.
GM Duramax Lawsuit Dismissal Appealed
In the appeal, GM continued to argue the claims in the Duramax emissions lawsuit mean nothing because as the district court judge found, the EPA calls the shots regarding vehicle emissions.
On appeal, the plaintiffs failed in their racketeering claims, but they had better success with their state law claims.
In a 2-1 decision, the Sixth Circuit found the federal Clean Air Act didn't preempt state law emissions claims about the Duramax diesel engines.
However, Judge Raymond Kethledge agreed with the lower court dismissal of state law allegations and referenced the EPA in his opinion.
The judge says the EPA found the GM vehicles complied with federal emissions laws, and the class action lawsuit would really be a case about the EPA’s regulatory judgment.
The dissenting judge also found complex technical judgements about vehicle emissions should be left to experts at agencies such as the EPA, not owners, lawyers or jurors who have no expertise in emissions.
The GM Duramax lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: Fenner, 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.
