Judge Won't Dismiss Lawsuit Alleging Defective Diesel Pollution Control Devices

Judge Won't Dismiss Lawsuit Alleging Defective Diesel Pollution Control Devices

LITTLE ROCK, Ark. - An Arkansas federal judge refused to throw out a lawsuit alleging violation of the Arkansas Deceptive Trade Practices Act (ADTPA) stemming from defective pollution control systems in Caterpillar diesel truck engines, saying in an Aug. 3 opinion that significant fact issues remain and that a witness's alleged statement to the plaintiff that the problem had been solved was not necessarily mere puffery (JMAR Express Inc., et al. v. Peterbilt of Memphis Inc., et al., No. 4:10CV01231-BRW, E.D. Ark., Western Div.; 2012 U.S. Dist. LEXIS 108685).

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