Volkswagen Engine Defect Class Action Settlement Jeopardized By Objections

Amid Class Member objections, plaintiffs in a Volkswagen engine defect class action are trying to keep a proposed settlement deal alive.

Plaintiffs in the Volkswagen class action have emphasized to the court that there were only 43 objections to the proposed settlement.

With a settlement Class including hundreds of thousands of Class Members, the dissenting group reportedly only represents 0.009 percent of the Class.

Since the number of objections is relatively small, the plaintiffs argue that the VW class action settlement should be allowed to continue.

“Such a miniscule number of objections demonstrates overall class satisfaction with the settlement,” the plaintiffs said. “The objections that have been lodged do not support denial of the settlement, which is fair, reasonable, and adequate, and robust in comparison to other automobile defect class settlements.”

Most of the Class Members objecting to the settlement are reportedly individuals whose car mileage or age fell outside of the agreed upon limitations. A variety of changes were suggested by the objecting Class Members, including extensions of time or mileage.

However, the plaintiffs reject these arguments because “lines must be drawn somewhere” when determining Class Member eligibility.

Other objecting Class Members argue that Volkswagen should initiate a voluntary recall of the vehicles as part of the settlement, but the plaintiffs say that this proposal “lacks merit.”

“Even if plaintiffs prevailed at trial, it is highly doubtful that they could have obtained a judgment compelling a recall,” the plaintiffs said. “As such, the failure to negotiate a remedy that is not legally available is far from objectionable.”

The settlement was proposed in May 2018 to resolve a Volkswagen class action that was filed in 2016. The VW class action argued that certain Volkswagen vehicles were equipped with defective engines that would fail without warning.

To resolve these claims, Volkswagen agreed to a settlement that would cover the costs to repair the defective engine. The settlement also includes an extended warranty which would cover the timing chains and timing chain tensioners for 100,000 miles or 10 years.

Vehicles covered in the Volkswagen settlement include certain vehicles of the following models and model years:

• Volkswagen Models: 2012-2014 Beetle; 2012-2014 Beetle Convertible; 2009-2012 CC; 2009-2012 Eos; 2008-2012 GTI; 2008-2010 & 2012-2014 Jetta Sedan; 2009 Jetta SportWagen; 2008-2010 Passat Sedan; 2008-2010 Passat Wagon; 2009-2013 Tiguan.
• Audi Models: 2008-2012 A3; 2009-2012 A4 Avant; 2009-2013 A4 Sedan; 2010-2013 A5 Cabriolet; 2010-2013 A5 Coupe; 2012 A6; 2011-2012 Q5; 2009-2012 TT Coupe; 2009-2012 TT Roadster.

Class Members who submit a valid claim
by Jan. 25, 2019 may be eligible to recover up to $6,500 depending on the vehicle model and repair or replacement required. Claims will be validated with the vehicle’s VIN number and supporting documentation for the repair or replacement which was required.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs and Class Members are represented by Carella Byrne Cecchi Olstein Brody & Agnello PC, Kessler Topaz Meltzer & Check LLP, Kantrowitz Goldhamer & Graifman PC, Thomas P. Sobran PC, Mazie Seater Katz & Freeman LLC, Seeger Weiss LLP, Podhurst Orseck PA, and Baron & Budd PC.

The Volkswagen Engine Defect Class Action Lawsuit is In re: Volkswagen Timing Chain Product Liability Litigation, Case No. 2:16­-cv­-02765, in the U.S. District Court for the District of New Jersey.

UPDATE: On Dec. 14, 2018, a federal judge has granted final approval of a Volkswagen class action settlement over allegedly defective timing chains.