Law firm going after FCA & Cummins again following dismissal of emissions lawsuit

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Updated May 19, 2018
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Law firm Hagens Berman announced tonight that they’ve amended their diesel emissions lawsuit against FCA and Cummins after a judge rejected their first suit attempt over insufficient evidence.

Hagens Berman states that they’ve now uncovered at least two diesel emissions defeat devices on 2007-2012 Ram 2500 and 3500 trucks equipped with a Cummins 6.7-liter diesel engine.

“We appreciate the thoroughness the court has applied to this case and look forward to proving our findings that Fiat Chrysler and Cummins knowingly installed multiple illegal devices in their Dodge RAM trucks to cheat emissions tests,” said Steve Berman, managing partner of Hagens Berman.

In late March, citing insufficient evidence, judge Terrence Berg for the U.S. District Court for the Eastern District of Michigan granted FCA’s motion for dismissal for a lawsuit filed in late 2016 by Hagens Berman.

In a detailed decision released March 29 which you can read here, Berg writes in part that “…the Court finds that the well-pleaded facts in Plaintiffs’ Amended Consolidated Complaint fail to raise a plausible inference of wrongdoing…”

Berg also rejected the lawsuit’s attempt to make Ram part of a “worldwide emissions scandal” that largely centers on Volkswagen.

Hagens Berman had 45 days to amend their lawsuit following Berg’s ruling on March 29.

Both FCA and Cummins have continued to reject allegations of emissions cheating raised by Hagens Berman. Cummins had this to say Tuesday following the law firm’s latest lawsuit attempt:

This lawsuit has no merit and contains false and exaggerated claims, and we will combat these allegations vigorously. Cummins is deeply disappointed in this effort to tarnish the company’s image and standing as a company. Cummins is committed to providing high quality products and service for their customers.   

As the largest independent engine manufacturer in the world, Cummins works hard to deliver products that meet the needs of the environment and our customers in all our markets. Cummins strives to have robust certification and compliance processes, adhering to all emissions regulations worldwide, including prohibiting the use of defeat devices in all of our products.  We are transparent with all governing bodies in these processes, from disclosure of the design and operation of the emission control system, to test processes and results, and later to any necessary reporting and corrective action processes if required. We work collaboratively and proactively with emission regulators globally to ensure emission standards are clear, appropriately stringent, and enforceable, in an effort to ensure our products deliver on our commitments to our customers and the environment in real world use every day.

Hagens Berman reports that they use the same emissions testing device used by the EPA and the California Air Resources Board.

Note: This story was updated with Cummins’ responses which the company released on Tuesday.