Drivers Win Class Cert. In GM Fuel Pump Suit

Drivers Win Class Cert. In GM Fuel Pump Suit

Written by Emily Field  and Editing by Linda Voorhis

Re-post from Law360 (April 3, 2023, 9:02 PM EDT) — A Michigan federal judge on Friday granted class certification to drivers in seven states who allege that General Motors knowingly sold vehicles with fuel pumps that were prone to failure, the same day that he denied GM’s bid to exclude the drivers’ expert testimony.

U.S. District Judge Terrence G. Berg signed off on classes of drivers from seven states — including California, Illinois, Texas and New York — finding that their claims that GM failed to disclose that the Bosch CP4 fuel pump in certain GMC and Chevrolet diesel trucks was defective met the requirements for class certification.

The alleged defect can cause sudden power loss, exacerbated by the fact that diesel fuel in the U.S. is “drier” than in other countries due to emissions regulations, according to the order. Since the fuel pump uses the fuel itself for lubrication, that factor, combined with a buildup of small metal shavings, can cause a sudden stall or power loss, the judge said.

As a result, sometimes most of the fuel system must be replaced, according to the order.

The judge rejected GM’s argument that the drivers can’t show a central defect since the testimony by their expert, Bradley L. Edgar, is insufficient to do so.

However, in a separate ruling Friday, the judge rejected GM’s bid to exclude Edgar’s opinion that “GM knew that the quality of American diesel fuel made the CP4 pump particularly unsuited for use and sale in the American market.”

In that order, Judge Berg found that Edgar was qualified to testify and his methodology was reliable.

“The court has admitted Dr. Edgar’s testimony and finds that it raises an issue that a defect exists, so this argument is moot,” the judge said.

The judge also rejected GM’s arguments that the drivers can’t show that the automaker knew about the defect when they bought their vehicles. GM also noted that several design changes were made to the pump.

“For example, if after a given update GM plausibly believed the problem was fixed, GM posits it cannot be said to have had ‘knowledge’ regarding cars manufactured after understanding that the problem was fixed, even if the defect did in fact still exist,” the judge said. “But proof fails on this point. GM cites no record evidence indicating its employees or engineers held this kind of mindset.”

Judge Berg also certified classes for Iowa, Florida and Pennsylvania drivers, but declined to certify classes of Michigan and Alabama drivers. He also trimmed unjust enrichment claims.

The judge named Hagens Berman Sobol Shapiro LLP, Hilliard Martinez Gonzales LLP and The Miller Law Firm PC as class counsel.

“We look forward to trial and showing a jury the overwhelming evidence found in GM’s own damning documents, proving beyond any doubt GM knew of this defect from day one,” Bob Hilliard of Hilliard Martinez Gonzales LLP told Law360 in a Monday statement.

Representatives for GM didn’t immediately respond to requests for comment Monday.

The drivers are represented by Hagens Berman Sobol Shapiro LLP, Hilliard Martinez Gonzales LLP and The Miller Law Firm PC.

GM is represented by Crowell & Moring LLP and Honigman LLP.

The case is Chapman et al. v. General Motors LLC, case number 2:19-cv-12333, in the U.S. District Court for the Eastern District of Michigan.

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