Thanks for the replies. At this point the dealer(s) refuse to work on it. Went into lemon law proceedings, accepted a buy back offer they made 2 days before the hearing, FCA refused to honor their offer after they took all the cash from me they could and had tricked us into cancelling the hearing (we were honoring the offer and lowering the loan principal), FCA told me to hire an attorney, I hired an attorney, new lemon law hearing scheduled.
I know I can fix it myself by replacing the internals but at this point it's about FCA doing everything they can to screw me over. I'd be 100% ok with fixing it myself if FCA paid for the parts and didn't void the rest of the vehicle's warranty when I fixed it. Which was the objective of my original post. Well... I WAS ok with it. Now it's time to fight.
The truck hasn't been driven for over a month because FCA is charging me 67 cents a mile to drive it on top of loan payments, etc. I.e. on the buyback they claim I have to pay 67 cents per mile for usage.
So we bought another car because I didn't want them to have me over the barrel with no vehicle to drive - and the use penalty just driving it to work is $25 per day. Paying "rental fees" on a vehicle you are making payments on blows my mind.
Meanwhile, we have no truck to tow our RV with - which we were prepping for a long trip in 2020 (Alaska). Now plans are canceled, we're older and not sure if we will be healthy enough for a trip like that in a few years, everything is f'd. It's also the reason the excessive gear whine is a problem - we bought the truck specifically to have a dependable vehicle to take into far northern back country. If I can't rely on it, I can't take it into the back country. If the gearset is grinding away on smooth city highways there's no way it'd survive thousands of miles on tore up dirt roads.
This has been a massively expensive fiasco that is making me ill.
I'm still a huge fan of Cummins. And of Jeep/Wrangler. Sorely disappointed in FCA.
You might want to make a copy of the Nebraska Lemon Law to have when you go to the hearing. First, the usage fee only applies to the first repair attempt (for the concern they can't fix). So you are required to pay only to first repair and nothing after until the issue is resolved. In CA the use fee is total purchase price including all tax and registration, divided by 120,000, times the miles driven to first repair. Nebraska does not give a specific number like CA does, but for a $75,000 purchase price it is about $0.63 per mile in CA so you are not far off. I also don't understand how they made an offer to repurchase (it has to be in writing) and then tricked you. It sounds more like they offered a "cash and keep" where they give you money and you keep the truck as is to repair yourself, sell, or live with.
Also not sure why you purchased another car unless you really needed it. The taxes and depreciation on a new car probably exceed what the mileage charge would have been even if they did charge for all miles.
If you hired an attorney I'm shocked they have not already advised you of the above, and saved you the purchase of another car. I think I would be just as upset with the attorney for not advising you of your rights.
As far as fixing it yourself, you could have just quietly went off and repaired it yourself, the dealer or FCA would have never known unless you told them. The axle was already repaired, so no one could have said for certain if the repair you did was not the repair the dealer did. They just are not that smart. And you would still have any remaining warranty. Again, I'm not sure how it all went south unless you told the dealer or FCA what you planned to do.
And finally, if it isn't repaired, the dealer can't "refuse to work on it" if it still is under warranty and the problem can be verified. If it is in the shop being repaired, it just adds to the days down, and when you hit 30 days they have an obligation to repurchase.
Good luck, hope it all works out for you.