Amicus Brief: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation

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The Competitive Enterprise Institute’s Center for Class Action Fairness filed an amicus brief before the Judicial Panel on Multidistrict Litigation, the body deciding which court will consolidate federal litigation against Volkswagen.

More than 175 class action suits have been filed in the aftermath of the automaker's emissions scandal, and CEI is concerned the Judicial Panel will not consider judicial track records in scrutinizing the fairness of settlements when deciding who to transfer the case to.

Volkswagen recently admitted to selling consumers “clean diesel” vehicles after knowingly equipping the vehicles with devices that would dupe emissions tests; retrofitting the vehicles to meet regulatory standards would likely adversely affect performance and value.