In a recent legal analysis on law360.com, Hellmuth & Johnson attorney Anne Regan commented on a Michigan Sixth Circuit ruling regarding deceptive GM emissions claims. The case examined when fraud claims are preempted by federal regulatory authority, specifically focusing on claims that GM deceptively marketed diesel-engine vehicles as environmentally friendly. The court ruled in favor of drivers, distinguishing this case from a similar Ford case. Regan described the ruling’s significance as “a road map for how litigants who are up against an auto manufacturer can avoid a preemption defense.” Regan also observed the opinion makes a helpful distinction for plaintiffs trying to guard their claims against preemption defenses, saying it’s important to look at whether “the manufacturer’s statements to the public versus what they say to an agency are the basis for liability.”
Read the full article to learn more about the potential Supreme Court implications and dissenting opinions.