That IS what VW said... the Judge disagreed. That's the story.
Judge Charles Breyer, of the United States District Court for the Northern District of California, disagreed, siding with the consumer plaintiffs and allowing their case to move forward. Judge Breyer noted that plaintiffs had alleged they paid a premium for their vehicles, and that "by increasing the cost of the cars, the premium also increased the amount by which the cars depreciated." This extra depreciation meant that plaintiffs might still have been harmed by the fraud, even though they had sold their vehicles before the fraud was announced.
Looks like the Judge agrees that the premium paid for 'clean diesel' was part of the fraud....
