Judge Jose L. Linares in the U.S. District Court for the District of New Jersey today denied motions to dismiss filed by defendants Daimler, Mercedes-Benz, and Bosch in In Re Mercedes-Benz Emissions Litigation.
The following is a statement from James E. Cecchi of Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. and Steve W. Berman of Hagens Berman Sobol Shapiro LLP, who are Interim Lead Counsel for Plaintiffs and the Proposed Classes.
“We are pleased with the Court’s ruling, which prevents Mercedes-Benz and Bosch from avoiding responsibility for cheating its customers as well as the environment. Consumers who thought they had purchased eco-friendly diesel cars were in fact driving polluting vehicles that spew dangerous nitrous oxide up to 91 times federal and state emission standards. Judge Linares’s order allows us to continue holding Mercedes-Benz and Bosch accountable for deceiving U.S. customers and regulators.”
In 2016, a nationwide class action was brought on behalf of Mercedes diesel owners and lessees against Mercedes-Benz USA, LLC, Daimler AG, Robert Bosch GmbH, and Robert Bosch LLC and consolidated in the District of New Jersey. As alleged in the complaint, Mercedes-Benz, with Bosch’s active cooperation, deceived its consumers by installing an emissions cheat device in its 2.1L, 3.0L, and Sprinter “BlueTec” vehicles, which made the vehicles seem environmentally friendly during emissions tests. In reality, the vehicles emit dangerous nitrous oxide at levels many times higher than their gasoline counterparts, what Mercedes advertised, and what is legal under United States Environmental Protection Agency (EPA) and California Air Resources Board (CARB) regulations.
The proposed class members are individuals who have owned or leased a Mercedes polluting vehicle as of February 18, 2016 and therefore suffered out-of-pocket loss and future attempted repairs, future additional fuel costs, decreased performance of the vehicle, and diminished value of the vehicle.
