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Fiat Chrysler to pay $800M in Jeep, Ram emissions cheating case

WASHINGTON — Fiat Chrysler Automobiles NV has agreed to a settlement worth about $800 million to resolve claims from the U.S. Justice Department and state of California that it used illegal software that produced false results on diesel-emissions tests, but still faces an ongoing criminal probe. The hefty penalty is the latest fallout from the U.S. government's stepped-up enforcement of vehicle emissions rules after Volkswagen AG admitted in September 2015 to intentionally evading emissions rules. The Fiat Chrysler settlement includes $311 million in total civil penalties to U.S. and California regulators, up to $280 million to resolve claims from diesel owners, and extended warranties worth $105 million. It covers 104,000 Fiat Chrysler 2014-16 Ram 1500 and Jeep Grand Cherokee diesels, the Justice Department said. Regulators said Fiat Chrysler used "defeat devices" to cheat emissions tests in real-world driving. Fiat Chrysler said in a statement that "the settlements do not change the Company's position that it did not engage in any deliberate scheme to install defeat devices to cheat emissions tests." The company did not admit liability. "You wouldn't pay $311 million total dollars to the federal government in civil penalties if there were not a serious problem," U.S. assistant attorney general Jeff Clark told a news conference. The settlement also includes $72.5 million for state civil penalties, and $33.5 million in payments to California to offset excess emissions and consumer claims. German auto supplier Robert Bosch GmbH, which provided the emissions control software for the vehicles, also agreed to pay $27.5 million to resolve claims from diesel owners. Owners will receive an average of $2,800 to obtain software updates as part of the emissions recall, Fiat Chrysler said. Elizabeth Cabraser, a lawyer for the owners, said the "substantial cash compensation" will ensure that consumers get the recall fix. Bosch, which also provided diesel emissions software to Volkswagen, also agreed to pay $103.5 million to settle claims with 47 U.S. states that said the supplier "enabled" the cheating and should have known its customers would use the software improperly, the New York Attorney General's Office said.

Georgia jury awards $150 million in Jeep fire case

FCA US continues to fight allegations that some Jeep Grand Cherokee and Liberty sport-utility vehicles are unsafe because of the possibility of fires in rear-end collisions. In one recently decided case, a jury in Georgia awarded $150 million in damages to a family whose child died in a blaze in 2012 in a 1999 Grand Cherokee. The jury believed that FCA acted with "reckless and wanton disregard," and didn't do enough to warn owners, according to Reuters. The automaker was found liable for 99 percent of the damages, and the remaining one percent was for the driver who rear-ended the family's SUV. In a statement from FCA US, the company said that it is considering an appeal. Under Georgia law, the automaker was allegedly unable to present a three-year investigation of rear-impact data to jurors. This was the same information the National Highway Traffic Safety Administration used to decide that the '99 Grand Cherokee "did not pose an unreasonable risk to motor vehicle safety." The original recall for the models covered 1.56 million examples of the 2002-2007 Liberty and 1993-1998 Grand Cherokee. With the fuel tank located between the rear axle and bumper, NHTSA and FCA eventually agreed to install a trailer hitch for extra protection. A further 1.2 million 1999-2004 Grand Cherokees owners received notice of a customer service action to have their vehicles inspected, though no hitch installed. Subsequent tests showed this remedy to be effective for impacts below 40 miles per hour. The automaker has maintained the SUVs met the applicable safety standards of the period when they were built. The company was chastised by NHTSA last year for low repair rates of the problem. FCA US LLC Statement Regarding Walden v Chrysler Group Verdict: April 2, 2015 , Auburn Hills, Mich. - FCA US is disappointed and will consider an appeal of this verdict. It is unfortunate that under Georgia Law the jury was prevented from taking into account extensive data submitted to NHTSA during a three year investigation, which included more than 20 years of rear impact accident data for tens of millions of vehicles. This and other information provided the basis for NHTSA's determination that the 1999 Jeep Grand Cherokee did not pose an unreasonable risk to motor vehicle safety.

GM being sued over imploding Bosch fuel pumps in Duramax diesel trucks

Texas-based law firm Hilliard Martinez Gonzalez (HMG) this week filed a class-action lawsuit against General Motors over an alleged issue with Bosch CP4 fuel pumps. The suit claims Bosch designed the CP4 pump to work with European diesel fuel, which is thicker than U.S. diesel. When GM installed that pump in the 6.6-liter Duramax engine used from the 2011 to 2016 model years, the lawsuit claims the thinner U.S. fuel didn't provide enough lubrication, allowing air pockets to form in the fuel pump. That, in turn, allegedly let metal rub against metal inside the pump, causing the pump to eventually disintegrate and "send thousands of metal shards into the fuel injection system and every part of the engine." The Detroit News reported on the most recent lawsuit filed in Michigan's Eastern District Court, but the case is another piece of nationwide legal maneuvering going on since at least last September. Every U.S. truck maker used the Bosch CP4 fuel pump, and HMG originally went after all of them, as well as Bosch. On September 30, 2018, HMG filed a class-action suit in Texas on behalf of eight plaintiffs. The law firm wanted to prosecute the affair under RICO — the Racketeer Influenced and Corrupt Organizations Act — and named 10 defendants: FCA US LLC, FCA North America Holdings, LLC, F/K/A Chrysler Group, Fiat Chrysler Automobiles, N.V., Ford Motor Company, General Motors LLC, Robert Bosch GmbH, Robert Bosch LLC, VM North America, Inc., and VM Motori S.P.A.  The firm filed another suit in Florida on Nov. 2, 2018, against the same 10 defendants, again under the RICO statute, this time on behalf of more than 30 plaintiffs. We don't know how many other suits might have been filed, but the two suits mentioned apparently didn't have legs — the courts dismissed both quickly. So HMG shifted its strategy away from the RICO angle, and focused its efforts on GM, filing suit in California on Nov. 20, 2018. Instead of trying to catch 10 fish with a small net, HMG wants to score one fish with a big net. The results have borne more promise for the plaintiffs. In July this year, a judge in California denied GM's motion to dismiss, noting "the alleged defect is central to the vehicleÂ’s function." This latest suit filed on Aug. 6 in Detroit singles out GM again.  The Bosch CP4 is known to be problematic, however.