Federal judge: Suit against Navistar should proceed

By Charlie Morasch, Land Line contributing writer | Friday, August 22, 2014

A U.S. District judge has ruled that a lawsuit seeking damages for mechanical issues related to Navistar’s International MaxxForce diesel truck engines should be decided in court.

The lawsuit is one of several faced by the Lisle, Ill.-based truck manufacturer. Truck owners allege they had problems keeping the MaxxForce engine working properly.

On Monday, Aug. 18, U.S. District Judge Barbara Lynn ordered that a lawsuit by GCKMAT, LLC, a dry goods motor carrier based in Virginia not be dismissed. Navistar, International’s parent company, had filed a request that the case be dismissed.

“Plaintiff has adequately pleaded its claims for fraud and fraud by nondisclosure,” court documents filed by the judge state. “Defendants objections to the merits of plaintiff’s claims are more properly resolved at trial or on summary judgment.”

Navistar used Exhaust Gas Recirculation systems, a technology designed for its MaxxForce engines to meet EPA’s 2010 emissions standards. Competitors chose another path, using Selective Catalytic Reduction, or SCR technology, to meet emissions standards. 

In July 2012, Navistar announced it was ceasing production of 15-liter MaxxForce diesel engines for Class 8 trucks and halting the production of all EGR-only technology in other Class 8 engines. The Environmental Protection Agency had previously notified Navistar it could be fined up to $285 million for selling back-dated engines during the 2010 engine transition and Navistar’s inability to meet federal NOx emissions standards.

The company soon partnered with Cummins to introduce engines with SCR emissions systems and fired former CEO Daniel Ustian.

One law firm said it is seeking more clients for its class action case, and asked those who experienced a loss from affected MaxxForce engines to contact attorneys by calling 877-493-5366.

Trucks with affected engines include the following Class 7 and Class 8 models: International Prostar, Lonestar, International Transtar, International Workstar, Paystar, International Loadstar.

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