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Court Denies Mercedes and Bosch Motions to Dismiss, Permits Diesel Emissions Claims to Proceed

In a sweeping decision dated February 1, 2019, Chief Judge Jose L. Linares of the United District Court for the District of New Jersey largely denied motions to dismiss filed by Mercedes-Benz USA and Robert Bosch GmbH, permitting the case’s core class-action claims (including consumer fraud and RICO) to proceed. The decision allows the case to continue past a major hurdle, potentially bringing massive relief to tens of thousands of owners of Mercedes’ BlueTEC diesel automobiles.

The lawsuit against Mercedes and Bosch alleges that they knowingly programmed Mercedes’ Clean Diesel BlueTEC vehicles to emit illegal, dangerous levels of nitrogen oxide (NOx) in virtually all real world driving conditions, and equipped the vehicles with a “defeat device” to cheat testing.  According to the complaint, on-road testing confirmed that Mercedes’ so-called Clean Diesel cars produced average on-road NOx emissions that are 19 times higher than the U.S. standard, with some instantaneous readings as high as 65 times more than the U.S. limit.

If you or anyone you know purchased or leased an affected vehicle and would like additional information about your legal rights, we would be pleased to discuss the matter with you.  You can contact the attorneys at Goldenberg Schneider, LPA by calling (513) 345-8291 or sending an email to .(JavaScript must be enabled to view this email address).               

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