Ram Diesel Lawsuit Against FCA and Cummins Advances | Carscoops

      Plaintiffs are permitted to revise some of the claims that were dismissed by Judge Jacqueline Scott Corley.

      A judge has dismissed multiple claims from the plaintiffs but allowed six to continue.

      Owners of affected Ram models state they would not have bought the trucks if they had been aware of more information.

      In December, Cummins consented to pay a $1.675 billion penalty for employing diesel emission defeat devices.

      A class action lawsuit that accuses FCA US and Cummins of fitting diesel vehicles with unlawful emissions defeat devices is advancing, at least partially. The companies aimed to have the case entirely dismissed, but the United States District Court for the Northern District of California determined that several essential claims can continue.

      The lawsuit initially contained 11 claims against the automaker and engine manufacturer. Although some were dismissed, nearly half survived the motion to dismiss. U.S. District Judge Jacqueline Scott Corley dismissed claims connected to the Racketeer Influenced and Corrupt Organizations Act (RICO), common law fraud on behalf of a nationwide class, breach of express warranty under the California Commercial Code and Song-Beverly Act, breach of implied warranty under the California Commercial Code, and breach of express emissions warranties.

      Read: Cummins Agrees To Pay $2 Billion Penalty In Largest-Ever Clean Air Act Settlement

      Despite these dismissals, the judge rejected FCA and Cummins’ request to eliminate six additional claims. These include common law fraud, breaches of California’s Consumers Legal Remedies Act, False Advertising Law, and Unfair Competition Law, as well as breach of implied warranty under the Song-Beverly Act and unjust enrichment. Plaintiffs have the option to amend most of the dismissed claims—except for the RICO allegations, which cannot be reconsidered.

      FCA and Cummins have been embroiled in a diesel defeat device controversy for several years. In December, Cummins agreed to pay a $1.675 billion fine following lawsuits that claimed it utilized defeat devices in 650,000 Ram 2500 and 3500 trucks manufactured from 2013 to 2019. The companies face lawsuits in several states across the U.S., including in Arizona, where a lawsuit was filed in mid-July 2024.

      In the California class action, plaintiffs are seeking a jury trial, monetary damages, and an injunction to prevent FCA and Cummins from allegedly continuing unlawful practices. Many affected Ram owners assert they would not have purchased their trucks had they known about the excessive emissions. With several claims still active, the legal dispute is far from resolved.