Update on Pending Volkswagen lawsuits
On Oct 9, 2015, we let you know about the fraudulent actions of Volkswagen and their diesel vehicles, now we want to update you on the current legal status of this issue. The Ruth Law Team wants you to be informed and to be aware that we are available to answer your questions. We are currently accepting VW cases with no upfront cost or fees.
ATTENTION: VW OWNERS”
Individual car owners have had “defeat devices” installed on their diesel engine vehicles to make them appear cleaner than they actually were and yet emit pollutants at up to 40 times the standard allowable under EPA rules. (See our prior blog on specific car models affected)
The individual civil cases filed in Federal courts in the USA against Volkswagen have been and will continue to be consolidated into a Multi District Litigation, court case MDL # 2683, in the Northern District Court in California. The presiding Judge is the Honorable Charles R. Breyer. Initial Pre Trial Orders have been issued, which can be found on the court’s website at: www.cand.uscourts.gov/crb/vwmdl.
The claims in the lawsuits seek to recover economic damages under the Civil RICO Act which under 11 USC Sec 1962 (c), which makes it “unlawful for any person employed by or associated with any enterprise…to conduct or participate…in the conduct of such enterprise’s affairs through a pattern of racketeering activity….”. The Complaints allege ( as applied to Volkswagen) , that:
- Enterprise: The Defeat Device and Clean Diesel Enterprise
- Common Purpose: Misleadingly sell vehicles as “clean,” dominate the US diesel market
- Racketeering Activity: Wire/mail fraud: i.e. every time VW lied to the EPA or consumers
- Pattern of Racketeering Activity: Repeatedly misrepresenting to consumers and regulators that the vehicles were “clean”
DAMAGES–Calculation formulas are currently being investigated. If it turns out that it is too costly to correct, then possible “buy backs” may be a remedy of the lawsuit. RICO claims (Claims under the Racketeer Influenced and Corrupt Organizations Act) also can recover TRIPLE (3x’s) the actual damages, plus attorney fees and costs.
US GOVERNMENT CLAIMS
The USA has filed a claim against Volkswagen in the Federal Court in the Eastern District of Michigan (2:16-cv-10006-LJM-MJH) alleging that VW violated Sections 203, 205, and 206 of the CLEAN AIR ACT. Potential fines could exceed $35,0000 per vehicle affected by the defeat device.
Please contact The Ruth Law Team at 888-783-8378 to get answers to your questions and be advised about your rights. The call is free and so is the consultation. Our firm is either compensated as part of the damages paid (attorneys’ fees paid for by the opposing side) or on a contingency basis which means there is absolutely no cost unless we win your case.