Volkswagen & Audi Dieselgate Vehicles Sold Before Sept. 18, 2015
As you may remember, the complaint that started this lawsuit was filed Aug. 2, 2017. It was brought on behalf of individuals who bought or leased "clean diesel" vehicles, but no longer owned (or were no longer leasing) those vehicles in September 2015, when the public learned that Volkswagen had been modifying their "clean diesel" vehicles to cheat on emissions tests. That class of consumers was left out of the previous consumer settlements, and this lawsuit brings their claims against Volkswagen and Bosch (the maker of the software that enabled VW's emissions cheating).
The initial complaint survived Motions to Dismiss by both VW and Bosch, which means that the court has held that the claims can proceed. However, the court did find some other issues with the complaint and asked us to amend it before we move forward, and requested some additional information about how we intend to prove damages.
On Nov. 2, 2018, we filed the Amended Complaint, which modified some allegations, added some additional claims, and removed some claims we had previously agreed to waive. We also filed a Statement Regarding Proof of Premium, which was a statement that the court had previously asked for to support our theory of damages. On Jan. 15, 2019, the defendants (VW and Bosch) filed Motions to Dismiss the Amended Complaint. Among other things, the Motions argue, again, that plaintiffs lack standing to bring the lawsuit because they did not suffer any injury.
The next step is for plaintiffs to file a Response to the Motions. Defendants will then have an opportunity to file a Reply, after which the court will hold a hearing on the motions, and then issue a written opinion deciding whether the case should be dismissed.
Below is a current timeline of the litigation.
- 08/02/17 – Complaint Filed
- 12/08/18 – VW U.S. & Bosch Defendants File Motions to Dismiss Complaint
- 02/02/18 – Plaintiffs File Oppositions to Motions to Dismiss
- 08/24/18 – Court Holds Hearing on VW/Bosch Motions to Dismiss
- 10/0318 – Court Issues Order Granting or Denying VW/Bosch Motions to Dismiss
- 11/02/18 – Plaintiffs File First Amended Complaint & Statement re: Proof of Premium
- 01/15/19 – Defendants' File Motions to Dismiss Amended Complaint
- [UPCOMING] 03/26/19 – Plaintiffs to File Oppositions to Motions to Dismiss
- [UPCOMING] 05/02/19 – Defendants to File Replies in Support of Motions to Dismiss
- [UPCOMING] 05/10/19 – Hearing on Motions to Dismiss
Did you sell your CleanDiesel vehicle before news of the scandal broke on 9/18/15?
If you sold your VW/Audi/Porsche CleanDiesel before 9/18/15, you may be entitled to compensation.
Hagens Berman believes that the roughly $17 billion in settlements that came from the Dieselgate litigation offered remedy to hundreds of thousands of owners, but failed to compensate many front-line victims of VW’s scheme – owners who unwittingly drove hyper-polluting cars for years, but had disposed of the cars before the scheme imploded.
Those who sold their affected VW, Audi or Porsche vehicles before Dieselgate news broke suffered some of the same harm as those who kept their vehicles throughout the litigation – sellers never received the performance and CleanDiesel advantage that VW marketed, and that they paid for.
2012-15 VW Beetle TDI
2012-15 VW Beetle Convertible TDI
2010-15 VW Golf TDI
2015 VW Golf Sportwagen TDI
2009-15 VW Jetta TDI
2009-14 VW Jetta Sportwagen TDI
2012-15 VW Passat TDI
2010-15 Audi A3 2.0L
2009-16 VW Touareg TDI 3.0L
2014-16 Audi A6 Quattro 3.0L
2009-16 Audi Q7 3.0L
2014-16 Audi A8 3.0L
2014-16 Audi A8L 3.0L
2014-16 Audi Q5 3.0L
2014-16 Audi A7 Quattro 3.0L
ABOUT VW's EMISSIONS FRAUD
The EPA determined that the software installed in these vehicles – called a “defeat device” – only turns on full emissions controls when the car is being tested, but otherwise shuts down emissions controls during normal operation.
The lawsuits filed against Volkswagen, Porsche and Audi state that during normal operation, these vehicles emit nitrogen oxides (NOx) at up to 40 times the standard allowed under United States laws and regulations, but these lawsuits only sought to compensate current owners, not those who owned affected CleanDiesel cars for years, but sold them before news of the scandal emerged.
YOUR CONSUMER RIGHTS
Hagens Berman believes that all three consumer settlements achieved in the Dieselgate litigation have excluded tens of thousands of owners who rightfully deserve compensation for Volkswagen's deception. Vehicle owners who sold their cars before news of the scandal became public also suffered the same losses by being forced to drive highly polluting cars, and being deprived of the CleanDiesel car and performance that they paid for.
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