In September 2016, Cohen Milstein joined a putative class action on behalf of current and former and future owners and lessees of the 2010 and later models of the heavy duty Peterbilt and Kenworth brand diesel tractor trucks, jointly designed, manufactured, marketed, assembled, and sold by Cummins and PACCAR, and powered by Cummins ISX15 diesel engine, charging Cummins and PACCAR with breach of warranty and unfair, deceptive and fraudulent business practices related to manufacture and sale of defective products.
Plaintiffs seek to represent and bring this class action on behalf of classes and PACCAR sub-classes in New Jersey, California, Florida, Georgia, Michigan, and Connecticut.
Plaintiffs allege that despite representations and warranties, Defendants developed, designed, manufactured, marketed, assembled and sold heavy duty Peterbilt and Kenworth brand diesel tractor trucks and Cummins ISX15 diesel engines that suffered problems and defects known to Defendants and that Defendants intentionally concealed these problems from Plaintiffs and others at the time of sale and throughout the vehicles use and repair.
These issues included persistent flaws in the hardware and software of the engines’ exhaust recirculation system (EGR), which were materially identical in all of the subject vehicle engines, and which were designed to help reduce exhaust toxins and bring the engine emissions within EPA Standards. Other emissions control devices impacted, included the diesel particulate filter (DPF), diesel oxidation catalyst (DOC), selective catalytic reduction catalyst (SCR), and other hardware and software.
As a result of these defects, the in-cab engine diagnostics warning light would illuminate, requiring the driver to immediately address the potential exhaust system problem at an authorized service provider. If the driver did not heed this warning light, the engine would ultimately shut down, regardless of the driver’s location or proximity to the authorized service provider.
Plaintiffs further allege that Defendants, through their authorized service providers, failed to correct these repeated exhaust System failures, in spite of repeated attempts, and despite Cummins issuing at least seventeen technical service bulletins, from April 15, 2011 – February 17, 2014, listing the engine and exhaust system problems to the authorized service providers, Defendants failed to publish and intentionally concealed or omitted this information from potential purchasers at the time of sale and owners throughout all of the repair efforts that these failures and defects would persist and continue to cause the engines to breakdown or otherwise fail, breaching their express warranties and statutory warranties, including the warranty of merchantability and the warranty of fitness for a particular purpose.
The case name is: T. J. McDermott Transportation Co., Inc. v. Cummins, Inc., et al., Case No.: 2:14-cv-04209, U.S. District Court, District of New Jersey.