Part of a lawsuit alleging that Chevrolet cheated emissions testing for the Cruze Diesel will go ahead.

U.S. District judge Thomas L. Ludington in Michigan revealed in an order to the United States District Court for the Eastern District of Michigan that claims of deceptive advertising and fraudulent concealment will proceed. However, part of the lawsuit that alleged breach of contract will be dismissed.

The nine Chevrolet Cruze Diesel owners behind the lawsuit allege that that car was fitted with an emissions cheat device and are seeking buybacks, compensation, and a $2,000 reimbursement for the premium they paid over the petrol Cruze.

It is reported that Chevrolet’s defeat device operated in a similar way to Volkswagen’s and only triggered when the vehicle was being tested but was deactivated when the vehicle was in use.

According to a statement from Steve Berman, a managing partner from Hagens Berman responsible for the lawsuit, said “Diesel emissions fraud didn’t stop with Volkswagen or Mercedes – GM has proven that it, too, placed greed and profits ahead of thousands of owners who paid premium prices for what they thought were clean diesel cars.”

Speaking with The Detroit News, GM spokesman James Cain was confident that alongside the breach of contract demands that were dismissed, the other claims will fail.

“We’re pleased with the ruling because the court found that many of the legal theories put forward by the plaintiffs don’t hold water. We’re confident their remaining claims will eventually fail as they are baseless,” he said.

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