Nine Years Later, This Chevy Lawsuit Returns For Revenge | Carscoops

      The plaintiffs asserted that their diesel Cruze models released significantly more NOx than allowed.

      The lawsuit alleged that specific Cruze models were equipped with emissions defeat devices.

      Most allegations were dismissed due to insufficient evidence, but some will still proceed to trial.

      The U.S. Court of Appeals determined that the case needs to return to a district court for further examination.

      Navigating the legal system can often feel like a marathon rather than a sprint, and ten Chevrolet Cruze owners in the U.S. are experiencing this firsthand. Nine years after initiating their lawsuit against Chevrolet, alleging the company employed emissions defeat devices in their diesel compact sedan models, the case is set to re-enter the courtroom.

      This situation emerged shortly after Volkswagen's dieselgate scandal shook the automotive industry, revealing levels of deceit that many thought were unimaginable from such a major automaker. The plaintiffs in this instance claim that, similarly to several VW vehicles, the 2014-2015 diesel Cruzes had software designed to deactivate or diminish emissions controls when not undergoing emissions testing.

      The Allegations of Emissions Cheating

      The lawsuit states that these particular Cruze models emitted significantly elevated NOx levels above what GM claimed and, more importantly, higher than the EPA’s acceptable standards. This meant they were polluting at rates that would have prevented the vehicles from receiving a Certificate of Conformity, essential for selling cars in the U.S. The plaintiffs contended that their cars warranted a recall.

      Returning to Court

      Throughout the years, most claims in the lawsuit were dismissed due to a lack of evidence. Furthermore, a judge noted that in the five years following the filing, none of the plaintiffs sought repairs for their vehicles, despite asserting that the diesel cheating could result in financial losses from “future attempted repairs.”

      Nonetheless, as the saying goes, a strong lawsuit often persists. Earlier this month, the U.S. Court of Appeals for the Sixth Circuit ruled that plaintiffs now have another opportunity to substantiate their claims in a lower district court. They believe that certain fraud allegations are not preempted by federal emissions regulations and the Clean Air Act.

      Considering that the case has been ongoing for nine years, the judge stated that no new litigation would be allowed and the matter is being sent back to the district court solely to assess if the remaining claims are preempted.

      The Roman expression Dura Lex, Sed Lex (meaning “the law may be harsh, but it is the law”) comes to mind in this context. At least those who feel aggrieved can still hope for some compensation—which is better than nothing, one might argue.