HPFP Class action lawsuit

Does anyone know if there were any letters sent out or any progress made on the HPFP lawsuit, Beall v. VWGOA/Robert Bosch?

I have to say that VW seems to be handling all these lawsuits and recalls better than Toyota did (which is why I'll never buy another Toyota). They even gave me a lemon law settlement without a lot of hassle.

IIRC that case is a state based suit. Texas from what I recall, so I can't check on PACER. I wonder if the court has e-filing. If so, you could probably easily get a docket history, or just call the clerk and ask.


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So possible if they win that state this can go nationwide?

My bad, it's actually in federal court. I'll try to have someone do a PACER search today for a docket list.

Case was dismissed yesterday, 1/25/12. I'll try to get a docket up and get a copy of the order of dismissal. They may have moved it to arbitration but typically you'll see a notation of that fact in the register.

This seems like rather big news... !

ARBY said:

Case was dismissed yesterday, 1/25/12. I'll try to get a docket up and get a copy of the order of dismissal. They may have moved it to arbitration but typically you'll see a notation of that fact in the register.

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Thanks!

Please do let us know.

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PDF of the docket.

ARBY said:

PDF of the docket.

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Wow, I am impressed by the number of VWoA Noo Yawk lawyers. That should give pause to anyone who wants to sue them on a personal basis.

Any chance of getting details of the dismissal?

geodug said:

Wow, I am impressed by the number of VWoA Noo Yawk lawyers. That should give pause to anyone who wants to sue them on a personal basis.

Any chance of getting details of the dismissal?

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I know of one person that has taken on a one on one suit with VW because of a hpfp failure. Its been going on for over two years now.

So what does that mean ARBY? Why would both parties agree to a joint submission for order of dismissal? Is the suit just being dropped? Why?

ARBY said:

PDF of the docket.

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Very odd, it looks like both parties agreed to this dismissal. Looks like they may have settled. I understand if they did, but that leaves the other consumers on the hook to seek a solution on their own.

That is probably the point. We will fix it, you will shut up.

Bosch (rightfully) filed a 12(b)(2) motion for lack of jurisdiction over it in Texas (or anywhere in the U.S. under this set of facts). They won (which they should have) but its not entirely clear why VW was dismissed as well. My guess is that they settled with the individual plaintiff, thereby killing this particular case. There's nothing preventing another go at maintaining a class suit for this defect, but only time will tell. I'll get Bosch's motion and the stipulation up here shortly.

ARBY said:

Bosch (rightfully) filed a 12(b)(2) motion for lack of jurisdiction over it in Texas (or anywhere in the U.S. under this set of facts). They won (which they should have) but its not entirely clear why VW was dismissed as well. My guess is that they settled with the individual plaintiff, thereby killing this particular case. There's nothing preventing another go at maintaining a class suit for this defect, but only time will tell. I'll get Bosch's motion and the stipulation up here shortly.

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Any luck? And is this something I could look up from LexisNexus or another search? I have access at school (plus I'm a pre-law student), but I haven't seen access to anything called PACER.

Now when you say lack of jurisdiction - was Bosch AG sued? I still think it would be nice to have a class action to rectify the faulty HPFP's.

pkhoury said:

Any luck? And is this something I could look up from LexisNexus or another search? I have access at school (plus I'm a pre-law student), but I haven't seen access to anything called PACER.

Now when you say lack of jurisdiction - was Bosch AG sued? I still think it would be nice to have a class action to rectify the faulty HPFP's.

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As a pre-law student you likely know that to be a part of a suit you have to show harm. For the vast majority of owners, I would guess that bar would not be reached.

For the vast majority of the rest, right now VW is making them whole by repairing the cars.

IMO this class action suit is likely to have few that qualify.

pkhoury said:

Any luck? And is this something I could look up from LexisNexus or another search? I have access at school (plus I'm a pre-law student), but I haven't seen access to anything called PACER.

Now when you say lack of jurisdiction - was Bosch AG sued? I still think it would be nice to have a class action to rectify the faulty HPFP's.

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I have the Motion but haven't had the opportunity to post it. I'll try to do that this weekend.

You may be able to find it on LN but on occasion short bench opinions are not reported. You may get lucky, but you won't find the parties briefs unless LN picks it up separately. It was in the District Court for the Southern District of Texas. PACER is the federal court e-filing system. Anyone can get access to it.

Bosch was sued, but they were dismissed because of a lack of jurisdiction (12(b)(2)). If you can get Bosch's motion I'd definitely read it as pre-law. It was likely drafted by a law clerk as the issues are really straightforward and Con Law 1 type stuff (minimum contacts, purposeful availment, Int'l Shoe, Burger King...all the big jurisdictional cases you'll find in law school). Bosch's argument was that simply because it manufactured the HPFP and VW put it in the 'stream of commerce' by including it in its vehicles, does not give the federal court in Texas the ability to assert its authority over Bosch.

A new class compliant is certainly feasible.