Lawsuits mount against Cat’s ACERT engines, court consolidates cases

| July 18, 2014

Caterpillar-C15More than a dozen lawsuits have now been filed against former truck engine maker Caterpillar over its 2007-2010 year model ACERT C13 and C15 engines, as carriers claim the engines had defects that Cat knew about but that were concealed from buyers.

Since Overdrive last reported on the lawsuits in early May, several more suits have been filed, and a panel on multidistrict litigation has consolidated the cases and transferred them to a federal civil court in New Jersey, according to court documents.

Caterpillar also has submitted a legal answer to the suits brought against it, in which it denies all the allegations brought against it in the suits.

The latest lawsuits were filed last week, one brought by an owner-operator from Michigan, Ricky Williams, and the other two by passengers carriers, according to court documents.

All of the lawsuits center on Caterpillar’s emissions controls system, which plaintiffs claim were defective. The systems consisted of a diesel particulate filter, aftertreatment regeneration device and an electronic control module.

The system had repeated failures, the plaintiffs allege, driving up their costs and driving down their resale value.

Plaintiffs also claim Caterpillar knew about the defects, yet sold the engines anyway and concealed the defects from buyers.

The class-action lawsuits were filed on behalf of anyone who owned or leased a truck with a 2007-2010 C13 or C15 engine within the warranty period.

Caterpillar no longer builds engines for Class 8 trucks and no longer makes the ACERT engine line.

  • D Muller

    Would love to see a class action law suit on the 2013 Cummins ISX Peterbilt is selling and puting in 2010 engines.

  • One of the victims

    I have SOLID evidence AGAINST the crooked CAT people. I Had my 2008 C-15 system cleaned when I purchased with 250,000 miles on it. My dealer said it was good to go….cleaned and tested. I insisted on another clean/test….and paid out of my pocket to do so. The results came back as “passing Cat’s parameters” but there was visible fuel staining on the DPF as well as a CRACK in the ceramic filter….CAT refused to fix these issues stating the fact that it was “passing” their tests. Four ARD heads , a DPF , a complete control system….and untold lost revenue …..now I’m almost out of business and cannot give the truck away. I pray that CAT get’s what is coming to their criminal company !!

  • dieselralph@yahoo.com

    You don’t make any sense D. Muller. Restate what you meant?

  • Burnie White Reyes

    I have the same problems with the DPF there’s are always problems and never fixed. Hew do U get in on this lawsuit? Please contact me if you know. My contact infi.:
    Burnadette Reyes
    801-792-5351 cell
    385-206-8683 Fax
    eaglehullinc@yagoo.com
    Thank you

  • Christie Fields

    I think he is saying that they are putting 2010 engines in 2013 trucks.

  • Dave

    Anything with regen setup is a problem. The epa is forcing this crap down engine manufacturer throats and now those crooks in California are doing the same to us. Government is the root of all of this go after them

  • Jean

    Let me also know how to get in on this as well. My husband was killed because of this problem. It has been five years now and never thought anything like this would come if it.
    My name is jean coshatt and you can reach me at 918-521-1122 or email me at pokeycoshatt@yahoo.com.

  • Leo Wall

    Cat made the best engines until all of this CARB bullshit. There is no real way to eliminate the emissions from these engines without destroying their power and purpose. the problem is the government not the engine manufacturers. just because some asshole says that they want this or they want that doesn’t mean it is possible to achieve. The government is destroying the industry once again.

  • Yo Man

    The problem, lies with the left wing politicians and their lofty idiotic thought process.

  • JJMcClure

    it’s not unusual for an engine to be used for several years

  • JJMcClure

    they should sue the EPA

  • pswain

    The problem is not with just Cat. The industry was force into an untested technology. Why do you think most of us bought pre-emission motors. The problem is there is no lemon law on commercial purchases. In 2004 I tried to sue Mack for problems in the 1999-2000 trucks. I was told I wouldn’t live long enough to see any money, nor could I afford a lengthy law suit. I had bought 5 new macks and they almost ruined us. One lawyer wanted me to fund a class action (block erosion, bad cam’s) but that’s all about the lawyer’s making the money. If it makes it there will be a settlement, the lawyer will get there’s and what left will be split. Cat was forced into emissions. They aren’t going to be forced anymore. Why do you think the got out. Good Luck!

  • Robert E Valentine III

    Yes that engine is terrible in have a Peterbilt 387 and its always having DPF problems…

  • Jeep4p388

    I’d like to be part of that class action, can
    someone please send me info on how to do so.

    Email jeep4p388@yahoo.com

  • http://www.diamondlube.com/ Chris Arnold

    DiamondLube is the answer, it prevents wear, lowers emissions up to 80% and only requires a single $1200 engine application. http://www.diamondlube.com

  • proud of cat

    I am sorry about all the truck owners having problems with a accertt
    Stop a minute and read up on the accertt
    It never had a dpf to be cleaned
    It used a converter almost lie a car just bigger
    This also doubles asa muffler on some models
    Sue your dealer for taking your money
    I have several of these motors
    I had to learn about them by reading info from cat
    The dealers had very limited knowledge about them
    I am in cats corner

  • Whitetail

    How do I make sure I’m part of the lawsuit?

  • Big R Phillips

    No wonder some drivers stare so hard at my 1996 3406E when i pop my W9’s hood. Old school drivers are like, “you got it looking good driver! Take care of it and she’ll take care of you”. And by the Grace Of God i do my best to keep her clean inside and out. Also running cool and slick thanks to Pittsburg Power,4states,AirCell, and Mystic oils. Soon to give Diesel Freak a call. So for you new drivers out there who when you hear on the CB how drivers react to hearing about a Cat engine with a mechanical fuel pump or the old Cummings and Mack engines of old? They sound like they damn near get teary eyed huh? This is why. The government is fk’n up the program! Although i agree some what with Proud Of Cat’s comments and knowledge is power for sure. This sh-t still sucks! Even though i have a pre-emission engine, i’ll still shut down when ever yall are ready! Then maybe we can get a whole lotta sh-t resolved….can you diggit?

  • Ron Mason

    I can dig it man I can dig it but I got a 2001 6nz

  • Jeff See

    I’m really curious. I work on heavy machinery for a living, and I would like to know how the emission system failing on an engine, killed your husband. Thanks for your time.

  • John M. Baxter

    Caterpillar’s ACERT system had inherent advantages eliminating (until 2007) EGR and, later on, reducing the amount needed. It was an exotic combustion system with more boost pressure and variable valve timing that improved combustion so much soot levels were lower in the oil and the engine too, so the engines took an unusually long time to break in (soot particles are what smooths out the metal). ACERT apparently also flowed more air–air cleaners needed to be replaced more often. Exhaust was so cool, a spark plug that nobody else had was needed to ignite the fuel during active regeneration. With Caterpillar making and selling so many earth-moving and construction engines, and even power generation engines, all over the world, the truck market was only a tiny portion of their total market. It would seem they may have neglected to perfect all the auxiliary systems needed to make their engine clean. I understood they also had problems with their crankcase ventilation system. It is indeed tragic what happened. They should have had the best engine in the market and should still be in the market. Instead, greed in terms of spending on the R & D needed to get the engine auxiliaries really right seems to have gotten the best of them.

  • Kolohe

    Could’ve been an auto-shut down on the highway. That can be a killer if it strands you on a narrow highway.

  • http://www.diamondlube.com/ Chris Arnold

    A single $1200 diamond coating reduces emissions 50-80%, see diamondlube.com

  • D Muller

    I have 2013 Petes with 2010 Cummins ISX engines in them.. Purchased brand new, one made it less then 1000 miles and sat in shop for a few weeks and it’s just been one thing after another on both Petes, one already needing a total re build on motor. They have been down as brand new trucks longer then my pre emission 2007’s ever were! And when I found out they have old engines in them it all makes sense. Hopefully there will be a class action on Cummins as well.

  • carnival

    they made the best engines until fuel costs rose and 5 mpg began to eat away huge chunks of the carriers profits.

  • mousekiller

    I think there will be at least two of us shutting down. I am ready . I don’t see a problem practicing for retirement. I am running a 97 60 S Detroit ,no EGR valve, no waste gate and with the new ECM no pollution crap.

  • Pete Rudie

    The pinheads in Washington mandated a 95% reduction in emissions, dumped a 10-figure on private industry, fleets and drivers, gave themselves high 5’s around the office, and moved on to “solve” some other problem. Vote all the bastards out. They are easy to identify, with that bid D after their named.

  • localnet

    The EPA has struck again!

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