S&C Reduces Fiat Chrysler Automobiles' Exposure in Quick Motion to Dismiss Emissions WinMarch 29, 2018
As part of its continuing representation of Fiat Chrysler Automobiles in its various diesel emissions matters, Sullivan & Cromwell reduced the company's exposure by winning the early dismissal of all claims in a putative nationwide class action filed by truck buyers in the Eastern District of Michigan. The plaintiffs asserted RICO and various state-law claims, claiming that Fiat Chrysler Automobiles' model year 2007 to 2012 Dodge Ram 2500 and 3500 trucks emitted nitrogen oxides exceeding state and federal emissions standards. In his decision, Judge Terrence Berg sided with S&C, holding that the plaintiffs lacked Article III standing because the plaintiffs “did not sufficiently identif[y] an injury in fact.” The court further held that the plaintiffs' allegations about supposedly excess emissions from the trucks were entirely conclusory and not enough to nudge the complaint across the line from “conceivable to plausible.”
S&C is also overseeing litigation brought against Fiat Chrysler involving more than 100,000 other trucks, including a multi-district litigation in San Francisco involving claims by the Environmental Protection Agency and a nationwide putative class of consumers, as well as securities class action litigation in New York.
The S&C team representing Fiat Chrysler in the Michigan action included Bob Giuffra, who argued the motion, as well as Darrell Cafasso, William Monahan and Matthew Peller.