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Dieselgate - VW Group Emission Scandal Discussion around the VW Dieselgate Emissions scandal. Details and news updates can be viewed here: http://forums.tdiclub.com/showthread.php?goto=newpost&t=448336 This forum is a work in progress depending on requirements, usage, etc.

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Old January 29th, 2018, 13:08   #1
bfrink
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Looks like Judge Breyer is focused on wrapping up the 600+(!) individual opt-out cases: http://www.cand.uscourts.gov/filelib...-Intensive.pdf

Looks like each plaintiff will get a individual conference, either informally, or formally before a magistrate judge.
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Old January 30th, 2018, 17:39   #2
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Not all of the Opt-outs.
This is a subset of the larger group. Many have decided to pursue alternate legal means to sue VW. Most are being filed in VA where the VW NA HQ is located. Cases have been scheduled regularly for the last 60 days in local courts. Each one has been settled before the court date.
Source: I am an opt-out with an attorney in VA.

Bonus: Mike Melkersen (Attorney in Hard NOx documentary) is an attorney in VA representing many clients in this manner. He was also the first known attorney that settled a case out of court with VW over Dieselgate back in June 2016.
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Old February 5th, 2018, 05:59   #3
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Quote:
Originally Posted by DrgRnnr View Post
Not all of the Opt-outs.
This is a subset of the larger group. Many have decided to pursue alternate legal means to sue VW. Most are being filed in VA where the VW NA HQ is located. Cases have been scheduled regularly for the last 60 days in local courts. Each one has been settled before the court date.
Source: I am an opt-out with an attorney in VA.

Bonus: Mike Melkersen (Attorney in Hard NOx documentary) is an attorney in VA representing many clients in this manner. He was also the first known attorney that settled a case out of court with VW over Dieselgate back in June 2016.
Are you guys getting more than BB?
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Old February 5th, 2018, 10:33   #4
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Opt-outs are being held to NDA's in regards to their cases. That would include any compensation received. Given that you haven't heard otherwise you would need to make your own assumption. The cases are public and the amount being pursued in each case is in the neighborhood of $300k.
Knowing what you know about the case; fraud, deception and cruel animal testing. Would you want to defend VW in a civil case? That is my assumption to the fact none of the cases have made it to trial and all have been settled so far.
BTW the attorneys fees are being paid out of monies in addition to BB, so worst case for clients was to receive only the BB value. Very little risk for the opt-out client.
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Old February 14th, 2018, 04:54   #5
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I actually looked up that attorney- his little website has been down for a while now. Looks like a slashdot effect. So its possible some of these cases have individual owners that are testing higher awards, and the last post suggests significantly higher awards... why aren't more people running to do that?
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Old February 23rd, 2018, 14:08   #6
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I actually looked up that attorney- his little website has been down for a while now. Looks like a slashdot effect. So its possible some of these cases have individual owners that are testing higher awards, and the last post suggests significantly higher awards... why aren't more people running to do that?
Why because most people are no slimy greedy people with no character. The settlement, is MORE then generous and makes you whole. You have to PROVE loss and that will be hard. Some people (early in the scandal, rumors) were claiming medical issues and mental distress. Before the court settlement there were individual claims and whole states (State Attorney) suing VW for a piece of the pie.

I think VW effectively shut most of that down. I sued VW and they played hardball. In the end they settled and after my legal expense I came out whole, at the expense of +100 hours of effort on my part.
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Old February 23rd, 2018, 15:39   #7
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Originally Posted by DrgRnnr View Post
BTW the attorneys fees are being paid out of monies in addition to BB, so worst case for clients was to receive only the BB value. Very little risk for the opt-out client.
Typical ambulance chaser attorney mentality. They make themselves rich.... ie attorney fees (money in their pocket) which they keep and you don't get a whiff of. So they cover their butts with ....you will get at the minimum the buyback money. And that is what you get and they keep all the rest. I just love our litigious society is always trying to profit with the use of an attorney that promises the world.
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Old February 23rd, 2018, 17:41   #8
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The settlement on the 3.0 TDI’s is crap. I would have opted for the buyback because the value of my vehicles has plummeted. Even with the fix money I’m still out a lot of money.
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Old February 25th, 2018, 08:12   #9
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This is discouraging. Nobody can convince me they've suffered $300K in damages over this, and that's including half of it for attorney's fees.
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Old March 22nd, 2018, 10:39   #10
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Has anyone heard what happened at the settlement conference yesterday?
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Old March 22nd, 2018, 11:35   #11
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https://www.cand.uscourts.gov/fileli...Transcript.pdf
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Old March 23rd, 2018, 15:30   #12
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I am an opt-out represented by Heygood, Orr, & Pearson. The main thing Judge Breyer did, in my opinion, is illustrate why the 9th Circuit is the most overturned Circuit in the entire Federal Judiciary.

His display of bias lays the groundwork for appealing any ruling he makes from this point forward for two immediately apparent reasons.

The first is that he COMPLETELY IGNORED the basis of the opt out cases at issue in the 03/21/18 proceedings. The only thing he addressed was pollution. The vast majority of the opt out cases have a more fundamental basis in consumer fraud. One might easily assume from his comments in the transcript that he was of the mindset that the only reason people opted out was to be personally compensated for pollution.

The second is that he failed to give any admonishment to the defendants' legal representatives. Perhaps something along the lines of "Your client agreed to settle each case for the opt in amounts, but because of the dire consequences of these 600 cars running around polluting, to complete your responsibilities, you need to take a hard look at 0.6% of your settlements may cost more, so pony up for the sake of the environment and be glad it is only 0.6% instead of 6% or 60%. That, along with his diatribe brow beating of plaintiffs' legal representatives would have been even handed.

From this point forward, every ruling he makes is subject to appeal due to previously demonstrated bias. I am not an attorney, but ANYONE who went to school on the big bus can easily make such a case without even having to buy or borrow a copy of "Illustrating Bias On The Part Of A Judge For Dummies".

There were three parties wronged... the government through regulatory fraud, society as a whole through pollution, and those that purchased vehicles through consumer fraud. From the beginning, the problem with the class action settlements is the abject and total failure to realize that what is a remedy for one of those three parties is not a remedy for the other two.

Government was made whole through fines. Supposedly society as a whole is going to be made whole by building hydrogen fill stations in California and the defendant's lurching knee jerk move toward electric cars. NEITHER of those addresses consumer fraud. Had he been more demanding instead of having his buddy Robert Mueller (yeah, THAT Robert Mueller) be the "Settlement Master" that acted as the midwife of the mutant mongrel bastardization of justice that is otherwise known as the class action settlement, there would not have had to been opt out cases.

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Old March 23rd, 2018, 16:04   #13
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phh-dfw, seriously, how much are you trying to get out of VW? OK VW defrauded you and false advertised a car. How much are they supposed to pay for this to you? $100K? $500K?

What do you think will be fair.
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Old March 23rd, 2018, 16:09   #14
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^^phh: If that is your closing argument, you lost your case. You cite bias and then give a very biased rant yourself. Hopefully your attorney knows better than you how to persuade folks who don’t already share his point of view.
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Old March 25th, 2018, 03:49   #15
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I have tried to put myself in the position of someone who is due more than I'll be getting in the buyback, and I just can't get there. The nebulous idea that there's some massive amount of money that was left out due to (presumably) punitive damages from consumer fraud isn't merely problematic, it's ludicrous. I was not personally damaged by VW selling me this car, therefore the question of punitive damages awarded to me isn't even up for consideration. We will be getting about $2200 less than we paid for this car after driving it for 5 years and 80K miles (great, carefree miles, I might add), and for me to insist that we were somehow due more money would be dishonest.*

*NB: I will be the first person to admit that there are individual cases involving people who are possibly due some extra compensation due to their specific circumstances. But certainly not us, and certainly not some huge windfall amount of money.
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