06/07/24 | Court Preliminarily Approves $50M Settlement with GM
On June 7, 2024, Hon. Terrence G. Berg granted preliminary approval to a settlement with General Motors in the CP4 litigation. Under the terms of the settlement agreement, GM will pay $50 million. In addition, GM will provide a future limited warranty, for one year from the date of final approval of the settlement, or until the affected vehicle reaches 200,000 miles, whichever comes first, to cover 50% of the cost of repair or replacement of a CP4 fuel pump due to a catastrophic failure during that term. The judge’s order also establishes a final approval hearing date in 185 days and greenlights the first steps of the settlement process as outlined in the proposed settlement by appointing the settlement administrator.
Read the motion »
Own a GM, Ford or FCA vehicle with a Bosch CP4 fuel pump? Have you replaced your vehicle's fuel pump or engine?
A defect may cause metal shavings to leak into your vehicle, leading to catastrophic failure and costly repair bills. Fill out the form to find out your rights »
AFFECTED VEHICLES
- Fiat Chrysler:
- Models with EcoDiesel 3.0-liter V6 Engines, 2014-2018
- Ford:
- Models with 6.7L Power Stroke Diesel Engines, 2011-Present
- General Motors:
- Chevrolet Silverado 2500HD 6.6L V8 Duramax Diesel with LML Engines, 2011-2016
- Chevrolet Silverado 2500HD 3500 6.6L V8 Duramax Diesel with LGH Engines, 2011-2012
- Chevrolet Silverado 3500HD 6.6L V8 Duramax Diesel with LML Engines, 2011-2016
- GMC Sierra 2500HD 6.6L V8 Duramax Diesel with LML Engines, 2011-2016
- GMC Sierra 2500HD 3500 6.6L V8 Duramax Diesel with LGH Engines, 2011-2012
- GMC Sierra 3500HD 6.6L V8 Duramax Diesel Trucks with LML Engines, 2011-2016
- GMC Sierra with RPO ZW9 with Duramax LGH Engines, 2010-2011
According to the class-action lawsuit, a defect in GM, Ford and FCA diesel CP4 fuel pumps essentially leaves vehicle owners driving “ticking time bombs,” with the potential for owners to suffer sudden and unexpected shutoff of the vehicle’s engine while it is in motion.
Millions of GM, Ford and FCA trucks are allegedly installed with the defective fuel pump that can suddenly fail without warning, causing a total fuel system failure and consequential engine failure resulting in an expensive repair bill. Plaintiffs say the defendants are also refusing to fix the trucks under warranty. Additionally, the lawsuit claims, repairs are fruitless, as no repair will fix the issue as long as the vehicle with the CP4 is being filled with U.S. diesel.
FUEL PUMP DEFECT EXPLAINED
The basis of this defect is the Bosch-supplied CP4 high pressure fuel pump.
Unbeknownst to truck owners, Bosch’s CP4 pump was never compatible with American fuel standards and not built to withstand the specifications for U.S. diesel fuel in terms of lubrication or water content.
As a result, the pump is forced to run dry and destroy itself as air bubbles allow metal to rub against metal. The pump secretly deposits metal shavings and debris throughout the fuel system and the engine.
YOUR CONSUMER RIGHTS
Hagens Berman believes that consumers have the right to replacement costs of vehicle parts and deserve answers. We think that consumers shouldn't have to suffer from undue wear and tear to the engine and fuel pump, at worst leading vehicle owners into a dangerous emergency situation.
TOP AUTO LITIGATION FIRM
Hagens Berman is one of the most successful auto litigation law firms in the U.S. and has secured more than $21 billion in settlement benefits for vehicle owners impacted by defects and other automotive issues. Your claim will be handled by attorneys experienced in automotive consumer law.
NO COST TO YOU
In no case will any class member be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class's legal team.
CASE TIMELINE
In a 65-page order, Hon. Bernard A. Friedman allowed the majority of claims against Ford to continue, commenting that in light of Ford’s pushback regarding the CP4 defect, “…the Court agrees with Plaintiffs that Ford does not address all the relevant allegations. …As Plaintiffs point out, Ford does not address a section of the SAC on fuel pump design... Accepting Plaintiffs’ allegations as true, the SAC plausibly alleges a defect. The documents appended to Ford’s response do not alter this conclusion.” The court upheld all claims against Ford related to economic loss, unjust enrichment and key state consumer protection laws.
Judge Friedman also denied Ford’s motion to dismiss the case regarding merchantability. “Plaintiffs respond that dismissal is not appropriate because they plausibly allege that their class vehicles are unfit for providing safe and reliable transportation. The Court agrees with Plaintiffs,” the order reads, adding “...a standard road vehicle must be able to provide safe and reliable transportation and be substantially free of defects.”
In an opinion and order issued Apr. 1, 2021 from the U.S. District Court for the Eastern District of Michigan, Judge Terrence G. Berg ruled that GM must face most claims in the case pertaining to its faulty fuel pumps. The sweeping order covered claims brought in 49 states and Washington D.C., including 114 counts in total. Of those, 93 were upheld by the court, making for a resounding victory for vehicle owners taking on GM.
In an order issued Nov. 2, 2020, U.S. District Judge Nelva Gonzales Ramos upheld claims of fraudulent concealment, violations of the Texas Deceptive Practices Act, implied warranty breach and a portion of unjust enrichment claims against Ford in a victory for truck owners bringing the lawsuit.
The opinion details the court’s findings and reasoning: “…Plaintiffs reference multiple instances of Ford personnel knowingly testing the CP4 pump with only specification-compliant fuel and acknowledging the lubricity scar/CP4 pump problem, along with the reality of prevalent non-compliant fuel in the market.” Judge Ramos also stated, “Ford’s failure to disclose the functional problems associated with the CP4 pump and the high price for repair caused them to overpay for their vehicles.”
