North Carolina Joins the Tsunami Wave of Volkswagen Litigation
Vinson v. Volkswagen Group of America, Inc., No. 1:15-cv-00213 (W.D.N.C. September 23, 2015), a case filed this Wednesday in the Western District of North Carolina, is one of at least twenty-five class actions filed against Volkswagen in courts across the country this week. In addition, at least 27 state attorneys general have launched a multi-state investigation into the German automaker’s 2.0-liter diesel vehicles.
The Plaintiffs in the WDNC case, as in the other actions, allege that Volkswagen intentionally defrauded the EPA and consumers by installing a “defeat device” on its diesel vehicles. The device can detect when an automobile is undergoing official emissions testing. The device switches on emissions controls during the testing to ensure the vehicle passes the emissions test. During normal usage of the cars, however, the emissions controls are turned off and the vehicles emit nitrogen oxide at levels up to 40 times the standard permitted under the Clean Air Act.
The flood of lawsuits began last week after Volkswagen acknowledged rigging emissions technology on its diesel vehicles to pass air-quality tests. During the launch of one of its newest vehicles, Volkswagen’s CEO, Michael Horn, admitted that Volkswagen “was dishonest with the EPA and the California Air Resources Board and with all of you” and “in my German words, we have totally screwed up.” According to German automaker, as many as 11 million cars worldwide may be affected.
The Judicial Panel on Multidistrict Litigation is likely to transfer these cases to a single judge for pretrial proceedings.