The case has been settled. If you are a current or former owner or lessee, the deadline to submit a claim has passed.
Hagens Berman filed a class-action lawsuit against Mercedes stating the automaker knowingly programmed its Clean Diesel BlueTEC vehicles to emit illegal, dangerous levels of nitrogen oxide (NOx) in virtually all real world driving conditions and contain a “defeat device” used to cheat testing.
Testing at highway speeds, at low temperatures, and at variable speeds, indicate a systemic failure to meet emissions standards. Low temperature testing at highway speeds for example, produced emissions that were 8.1 to 19.7 times the highway emissions standard. The lawsuit adds that testing at low temperatures at variable speeds produced emissions as high as 30.8 times the standard.
"In virtually every road test the emissions were hardly as Mercedes promised as ‘the world’s cleanest and most advanced diesel…’ Mercedes vehicles do not meet emission standards in virtually all real world driving conditions," the complaint states.
The lawsuit alleges that the following Mercedes models powered by BlueTEC diesel-fueled engines are affected by the unlawful, unfair, deceptive and otherwise defective emission controls utilized by Mercedes.
AFFECTED VEHICLES INCLUDE:
Mercedes ML 320
Mercedes ML 350
Mercedes GL 320
Mercedes E250
Mercedes E320
Mercedes S350
Mercedes R320
Mercedes E Class
Mercedes GL Class
Mercedes ML Class
Mercedes R Class
Mercedes S Class
Mercedes GLK Class
Mercedes GLE Class
Mercedes Sprinter
The original suit filed Feb. 18, 2016 in the U.S. District Court for the District of New Jersey accuses Mercedes of deceiving consumers with false representations of its BlueTEC vehicles, which it marketed as “the world’s cleanest and most advanced diesel” with “ultra-low emissions, high fuel economy and responsive performance” that emits “up to 30% lower greenhouse-gas emissions than gasoline.”
Attorneys representing vehicle owners sought relief for those who purchased the affected vehicles, including injunctive relief in the form of a recall or free replacement program and restitution including either recovery of the purchase price or overpayment or diminution in value due to Mercedes’ misleading statements and omissions regarding the emission levels of its Clean Diesel BlueTEC vehicles. A $700 million settlement in the matter is pending the notice phase for eventual distribution to class members.
HOW DOES THE MERCEDES BLUETEC EMISSIONS SYSTEM WORK?
- First, initial reduction of NOx is performed by the exhaust gas recirculation (EGR) system.
- Next, a diesel oxidation catalyst reduces the amounts of carbon monoxide (CO) and hydrocarbons (HC) released from the exhaust and helps keep the particulate trap clean.
- Then, a particulate filter traps and stores soot particles. The diesel oxidation catalyst upstream helps to remove the particles from the particulate trap, though the engine will occasionally remove excessive particulate buildup by raising the exhaust temperature. In some older model vehicles, a NOx storage catalyst will be used to perform the final removal of NOx from the exhaust before it exits the tailpipe.
- The vast majority of BlueTEC-equipped Mercedes in the US make use of a Selective Catalytic Reduction (SCR) catalytic converter (instead of the NOx storage catalyst) to convert the remaining nitrogen oxides to nitrogen and water; so-called diesel exhaust fluid (or “DEF,” a solution of urea and water) is injected into the exhaust gas stream to enable the conversion. In order to prevent vehicles from breaking emissions regulations, the engine may go into a limp-home-mode if the DEF tank is depleted; drivers are instructed to keep the tank refilled as necessary. Some commercial vehicles are equipped with a request or inhibit switch which allows the DEF injection to be "postponed" as it can reduce power output and increase temperatures temporarily; if the vehicle is climbing a grade, for example, it may be necessary to delay the cycle.
CASE TIMELINE
The court granted final approval of the Mercedes Class Action Settlement and the Bosch Class Action Settlement. If you are a current owner or lessee, the deadline to submit your claim is October 1, 2022. If you are a former owner or lessee, the deadline to submit a claim was July 12, 2021. Download order »
U.S. District Court Judge Emmet G. Sullivan approved a $1.5 billion settlement between Mercedes and the U.S. Justice Department and California Air Resources Board, a dollar amount that includes an $875 million civil penalty that the automaker will pay for violating the Clean Air Act with its excess diesel emissions. This comes on top of a $700 million settlement with vehicle owners that was preliminarily approved in September. Now that the Consent Decree has been entered, notice will be sent and the claims process will begin.
The consent decree was filed on Dec. 17, 2020. Plaintiffs are now waiting for the court to enter the consent decree after which, notice will be sent to class members, and the claims process will begin.
Judge Dennis M. Cavanaugh preliminarily approved a settlement reached between a class of consumers and Bosch, the German engineering company that supplied emissions software to Mercedes that enabled cheating on diesel emissions tests in select Mercedes-Benz vehicles. While a dollar amount was not disclosed, Judge Cavanaugh’s ruling states that “the Bosch Settlement provides meaningful relief to the Class in the form of monetary compensation.” Read the Order »
"If approved, the settlement will finally allow owners of Mercedes’ dirty diesel vehicles to receive the compensation they deserve, repairs to ensure their vehicles are not emitting illegal levels of harmful pollutants, and a robust warranty,” Steve Berman said of a $700 million settlement reached with Mercedes-Benz over the automaker’s efforts to conceal actual emissions levels in several models. Read the Order »
The US investigation against Mercedes has culminated in a total $2.2 billion agreement in principle with the U.S. Department of Justice, Environmental Protection Agency and others including consumers. Hagens Berman’s claim, bolstered by its independent testing and research, will return hundreds of millions to owners of affected Mercedes dirty diesel BlueTEC vehicles. The agreement still requires approval by the court.
Hagens Berman filed a fifth amended complaint against Mercedes-Benz on Mar. 15, 2019.
In November 2017, Mercedes and Bosch filed motions to dismiss Hagens Berman’s fourth consolidated and amended complaint. These motions are routinely used by large companies during this type of litigation, and we expect the case to continue. Attorneys representing BlueTEC owners responded to the motions in January 2018, and Mercedes and Bosch filed their replies in February 2018. The briefing on the motion is complete.
We are now awaiting the Court’s ruling on the motion to dismiss. We are unable to provide an estimate as to when the court will issue its ruling on the motions to dismiss, as federal courts’ timelines can be unpredictable. We will update this page after the Court issues its ruling.
Hagens Berman filed a fourth amended complaint against Mercedes-Benz on Sept. 25, 2017.
Daimler has been summoned by a German committee of lawmakers investigating emissions. Prosecutors are examining the possible use of illegal software to manipulate emissions tests in Mercedes-Benz vehicles sold in Europe and the U.S. Daimler has also recalled 3 million of its vehicles in Europe.
Our legal team is aware of these recent developments coming from Europe in the emissions-cheating investigation surrounding Mercedes, and we are following them closely as we continue to aggressively pursue owners' claims here in the U.S.
Hagens Berman filed an amended complaint to address the court’s limited pleading concerns that Plaintiffs failed to show they had seen and relied on misleading ads and the Mercedes website prior to purchasing their vehicles.
On Apr. 7, 2016, U.S. District Judge Jose L. Linares appointed Hagens Berman as interim class counsel in the case against Mercedes concerning emissions of its BlueTEC diesel vehicles.
On Monday, Feb. 29, 2016, the U.S. Environmental Protection Agency (EPA) requested information from Daimler's luxury car brand Mercedes-Benz to explain emissions levels in some of its cars. According to news, the inquiry was prompted by the class-action lawsuit filed by Hagens Berman on Feb. 18, 2016.
