Volkswagen Diesel Emissions Lawsuit
Did you purchase a Volkswagen or Audi “Clean Diesel” automobile and now feel “tricked”? So do many others.
Owners of the popular “TDI CleanDiesel” models of Volkswagen and Audi are filing VW lawsuits across the country, in hopes of holding the manufacturer responsible for their actions.
In September 2015, the Environmental Protection Agency accused the German auto manufacturer of installing what they called a “defeat device” into certain diesel models of their cars in a effort to evade state and federal emissions regulations. The “defeat device” was able to trick regulators into believing their cars met federal emission standards, while in fact they didn’t. Subsequent tests without the defeat device activated shows elevated levels of emissions up to 40 times acceptable standards.
The EPA initially accused the auto maker of installing the software into as many as 482,000 vehicles, but the company’s admission is much worse. Volkswagen admitted that the software affects over 11 million VW and Audi vehicles worldwide.
- 2009 to 2015, Volkswagen Jetta TDi
- 2009 to 2014, Volkswagen Jetta Sportswagen TDi
- 2013 to 2015, Volkswagen Beetle TDi
- 2013 to 2015, Volkswagen Beetle Convertible TDi
- 2010 to 2015, Volkswagen Golf TDi
- 2015, Volkswagen Golf Sportswagen TDi
- 2012 to 2015, Volkswagen Passat TDi
- 2009-2016 Volkswagen Touareg TDi
- 2009-2015, Audi A3 TDi
- 2014-2016 Audi A6 Quattro TDi
- 2014-2016 Audi A7 Quattro TDi
- 2014-2016 Audi A8 & A8L TDi
- 2014-2016 Audi Q5 TDi
- 2009-2016 Audi Q7 TDi;
- 2013-2016 Porsche Cayenne Diesel
Decreased Performance – Decreased Resale Value
Owners with affected cars are understandably concerned with how Volkswagen will fix the issue. Many experts agree that VW will not be able to to make the affected cars comply with emissions standards without the “defeat device”, and any attempt to do so will affect performance of the automobile, most notably decreasing both horsepower and fuel efficiency. In doing so, owners will suffer from decreased resale value of their vehicles due to these decreased performance characteristics as well as from the general scandal and lowered demand for VW diesel automobiles.
Litigation Update From an AWKO Partner Attorney
The case is moving forward quickly, though we know that litigation of this type can last for many years (The BP Oil Spill happened in 2010 and many claims are still pending and BP is continuing to fight the claims of many despite agreeing to settle). On December 2nd, a panel of federal judges from around the country, called the Judicial panel on Multi-District Litigation will hear oral argument on whether to consolidate all of the Volkswagen Diesel Fuel Emissions cases before one federal court, and which judge should be assigned the case. Our firm has filed responsive pleadings with the JPML, and one of our partners will be one of the few attorneys presenting before the JPML in December. We will of course update you regarding the results. On December 1st, the day before the JPML hearing, our partner Neil Overholtz will be chairing a large conference in New Orleans for one of the nation’s leading legal education companies concerning the Volkswagen Diesel Fuel Emissions Litigation. Speaking along with Mr. Overholtz will be some of the leading experts and lawyers in this field of expertise. Our firm was selected to help organize and chair this very important conference due to our experience and specialization in handling large complex litigation matters involving defective consumer products. Recently, our firm’s partners have held court-appointed leadership positions in large litigations involving defective medical devices (Transvaginal Mesh- over $3 Billion in Settlements), the defective diabetes drug Actos linked to bladder cancer ($record 9 Billion Dollar Verdict, and $2.4 Billion Dollar Settlement), and the defective Metal-on metal Hip Replacements (Over $4 Billion in Settlements). We plan to put our resources and lawyers to work to make sure that Volkswagen takes responsibility, and appropriately compensates the purchasers of these defective vehicles.
In many auto-mobile defect cases, the case is settled through a class action, and the resulting compensation is usually a recall, and perhaps some very low-value coupon, or perhaps an extended warranty. This case is much different. We believe strongly that the damages caused by Volkswagen’s deceptive actions is significant for each and every purchaser of these diesel engine vehicles. We also believe that the heavy and deceptive marketing campaign used by Volkswagen is responsible for most of the purchases, promising strong engine performance, torque and horsepower, economical fuel mileage, and also low emissions, a so-called “clean diesel” experience. As a result of this deception, the value of these vehicles have been significantly reduced, and perhaps the vehicles cannot even be registered or driven in certain states unless a “fix” is installed on the car. But it is our belief, informed by expert opinion, that any fix promised by Volkswagen will result in a car that is still simply not the same car our clients thought they were purchasing. It is important to us that whether this case is handled as a class action or as individual cases, that we fully represent each and every client purchaser of these vehicles and do our very best to ensure fair compensation for this travesty.
The justice attorneys at Aylstock, Witkin, Kreis & Overholtz are currently investigating claims against Volkswagen. If you or a loved one owns a diesel-powered Volkswagen or Audi that is listed in the models above, please contact us right away for a free consultation.