VW Wants Texas TDI Clean Diesel Emission Lawsuits Moved to MDL

Volkswagen filed a motion to transfer 37 diesel emission lawsuits filed in Texas into a multidistrict litigation.

The automaker argues that a multidistrict litigation would conserve judicial resources by eliminating repetitious discovery and it would be more convenient for all parties involved.

Volkswagen admitted in September to installing a “defect device” in certain 2009 through 2015 VW TDI Clean Diesel vehicles that tricks emissions testing. At all other times the car is running emission levels up to 40 times what is allowed under the Clean Air Act.

This admission came after the U.S. Environmental Protection Agency investigated Volkswagen vehicles and found that the “Clean Diesel Vehicles” contain emission-cheating software to bypass, defeat, or render inoperative elements of the vehicles’ emission control system.

Volkswagen is urging Texas courts to consolidate the lawsuits which VW says contain similar claims against the car manufacturer. The motion to transfer states: “Absent MDL consolidation, there will remain multiple lawsuits, in multiple courts of the State, involving similar parties and claims, all involving the same or similar issues. This is precisely the outcome the MDL rule is designed to avoid.”

Within days of the VW scandal, lawsuits were filed against Volkswagen in federal and state courts across the nation. In Texas, there are now 37 civil lawsuits on behalf of 451 plaintiffs, and VW claims that more are being filed daily.

VW Defeat Device Vehicles

According to Volkswagen, more than 11 million VW and Audi vehicles worldwide are affected by the diesel emissions scandal.

The Volkswagen emissions fraud affects diesel-fueled Type EA 189 engines. In a statement from Volkswagen, these engines contain a “noticeable deviation between bench test results and actual road use.”

Diesel Emissions Class Action Lawsuit Investigation

Federal judges in 13 states as well as the District of Columbia have hit pause on further diesel emissions lawsuits against Volkswagen as they wait to hear if the U.S.

Judicial Panel on Multidistrict Litigation decides to centralize the numerous cases. Plaintiffs have recommended California, Washington, Texas and Virginia as possible locations for a Volkswagen MDL.

In general, a diesel emission lawsuit claims that drivers were deceived into paying a higher price for a automobile that was marketed as environmentally-friendly. Typically these VW lawsuits allege that plaintiffs claim that they would not have purchased a VW vehicle had they known it was installed with the “defeat device.”

The VW Motion to Transfer is In Re: Volkswagen Clean Diesel Litigation, Case No. not yet assigned, in the Supreme Court of Texas Judicial Panel on Multidistrict Litigation.

The Diesel Emissions JMPL case is In Re: Volkswagen Clean Diesel Marketing, Sales Practices, and Products Liability Litigation, Case No. 2672, before the Judicial Panel on Multidistrict Litigation.

UPDATE: On June 28, 2016, Volkswagen reached proposed settlements with both the U.S. Department of Justice and the U.S. Federal Trade Commission following the VW emissions scandal. VW’s deal with the DOJ includes up to $14.7 billion along with vehicle buyback provisions as well as funding for pollution control programs. In addition to the DOJ settlement, Volkswagen will also spend up to $10 billion in a buyback and lease termination settlement with the FTC that is expected to include about 475,000 vehicles.

UPDATE 2: The Volkswagen, Audi diesel emissions class action settlement is now open! Click here to file a claim!