This has already be settled, Check EPAs enforcement actions.
The 2007.5 -2012 had some problems, By 2009 they were well known, If you bought after that it was foolish on the buyers Fault to take the risk.
After owners were fed up with continue failures, they just deleted and Most like the results.
This Law suit is frivolous, Yes the makers had years of development notice and failed to bring reliable long term products to the market.
I've seen this system last years WO failure, driving habits have a big impact on the survival rate of any Vehicle, and the Facts are if your a dart driver and poor maintainer your Diesel power plant is going to cost $$$$ in unnecessary repairs. Buying a Diesel does NOT qualify for owning one , Some owners would drive the nuts off a Dog if the Dog let them.
I owned 2007.5 6.7 69RFE on 1 year lease to purchase, it was returned at the end of the 1st year, spent 2+ months of down time the 1st year.
In My eyes the matter is closed I won't join a waana bee bunch (*&$) incited by some worthless law firms claims.