The judge said plaintiffs identified a number of communications that were “reasonably calculated to deceive persons of ordinary prudence and comprehension.”
Feb. 21, 2018—A judge denied GM and Bosch’s motions to dismiss a May class action lawsuit claiming GM installed defeat devices in two models of heavy duty trucks from 2011 to 2016, Bloomberg reports.
The judge said plaintiffs identified a number of communications that were “reasonably calculated to deceive persons of ordinary prudence and comprehension.”
Germany-based supplier Robert Bosch GmbH also was named a defendant in the GM case, described in the complaint as “an active and knowing participant in the scheme to evade” emissions standards.
The judge ruled that the communications themselves may not have been demonstrably fraudulent, but they were intended to increase the likelihood that consumers would purchase Duramax vehicles because they produced emissions at a low level, when in fact the true level of emissions was much higher.
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