Mike Bulaon v. General Motors LLC

I. BACKGROUND

A. Plaintiffs’ Allegations In their Complaint, Plaintiffs allege as follows: Plaintiffs are a collection of aggrieved buyers of GM’s Chevrolet Silverado and GMC Sierra vehicles. (Complaint ¶¶ 1, 21-93). GM promised that the Duramax engines in these vehicles turned “heavy diesel fuel into a fine mist,” which resulted in “low emissions” that were a “whopping reduction” compared to the prior model. (Id.). GM promised that the vehicles could still produce “great power,” as a result of its engineers accomplishing “a remarkable reduction of diesel emissions.” (Id.). However, scientifically valid emissions testing conducted by engineering experts who were retained by Class Counsel in In re Duramax Diesel Litigation, Case No. 2:17-cv-11661 (E.D. Mich.) (the “Duramax Class Action”) has revealed that the Silverado and Sierra 2500 and 3500 models do not emit low emissions. (Id. ¶ 2). Instead, they emit levels of NOx many times higher than (i) their gasoline counterparts; (ii) what a reasonable consumer would expect; (iii) what GM had advertised; (iv) the Environmental Protection Agency’s maximum standards; and (v) the levels set for the vehicles to obtain a…