SOURCE: Kaplan Fox & Kilsheimer LLP

November 06, 2015 16:02 ET

Federal Judge Appointed Kaplan Fox Interim Co-Liaison Counsel in Volkswagen "Clean Diesel" Litigation

NEW YORK, NY--(Marketwired - Nov 6, 2015) - On October 29, 2015, Judge P. Kevin Castel of the United States District Court for the Southern District of New York appointed Kaplan Fox & Kilsheimer LLP ( as Interim Co-Liaison Counsel on behalf of consumers that purchased and leased Volkswagen's "Clean Diesel" vehicles that were installed with unlawful defeat devices intended to cheat state and federal fuel emissions standards. The Court's appointment of Kaplan Fox was made in connection with coordinating the multiple lawsuits currently pending against Volkswagen in the Southern District of New York federal court. On October 30, 2015, Judge Castel also ordered that Volkswagen maintain and preserve crucial documents and evidence that will be relevant to the pending lawsuits against Volkswagen.

"We are pleased to be working on behalf of consumers that have been deceived by Volkswagen's conduct and will continue to vigorously prosecute this case to a successful resolution," stated Frederic Fox, an attorney for the proposed class. "We appreciate the Court's recognition of the importance of preserving important evidence while these cases continue to be coordinated."

A hearing is set for December 3, 2015 in New Orleans, Louisiana, at which time the Judicial Panel on Multidistrict Litigation will decide whether to consolidate the hundreds of cases currently pending against Volkswagen and which federal court to assign them to. Kaplan Fox has requested the transfer of all cases to the Southern District of New York, which has previously managed similar complex cases involving vehicle defects against Ford and General Motors, as well as important landmark cases involving corporate fraud arising from the 2008 financial crisis.

Kaplan Fox originally filed its class action lawsuit against Volkswagen on September 28, 2015. The lawsuit is one of many filed around the United States that alleges Volkswagen deceptively marketed its Clean Diesel Cars to environmentally conscious consumers and charged them premium prices compared to Volkswagen's standard gasoline fueled models even though the Clean Diesel cars were terrible for the environment. The lawsuit alleges that although the Clean Diesel cars passed fuel emissions testing in laboratories, but that when on the road they allegedly pollute the environment at 10-40 times the legal limits. As a result, the lawsuit alleges Volkswagen violated state and federal consumer protection and warranty laws and seeks compensation for impacted owners and lessees. Vehicles impacted by the lawsuit include:

Model Year   Make and Model(s)
2009   VW Jetta, VW Jetta Sportwagen
2010   VW Golf, VW Jetta, VW Jetta Sportwagen, Audi A3
2011   VW Golf, VW Jetta, VW Jetta Sportwagen, Audi A3
2012   VW Beetle, VW Beetle Convertible, VW Golf, VW Jetta, VW Jetta Sportwagen, VW Passat, Audi A3
2013   VW Beetle, VW Beetle Convertible, VW Golf, VW Jetta, VW Jetta Sportwagen, VW Passat, Audi A3
2014   VW Beetle, VW Beetle Convertible, VW Golf, VW Jetta, VW Jetta Sportwagen, VW Passat, Audi A3
2015   VW Beetle, VW Beetle Convertible, VW Golf. VW Golf Sportwagen, VW Jetta, VW Passat, Audi A3

Additionally, Kaplan Fox is investigating whether Volkswagen and its affiliates may have also installed illegal defeat devices on the following Clean Diesel makes and models:

Model Year   Make and Model(s)
2014   VW Touareg
2015   Porsche Cayenne
2016   Audi A6 Quattro, A7 Quattro, A8, A8L and Q5

The U.S. Environmental Protection Agency has recently claimed these additional cars are polluting the environment at up to nine time permissible standards and that "VW has once again failed its obligation to comply with the law that protects clean air for all Americans."

For more information about the case, to review a copy of the Complaint filed in this action, or for more information about Kaplan Fox, you may contact the attorneys that filed this lawsuit:

Contact Information

  • Frederic S. Fox
    850 Third Avenue, 14th Floor
    New York, New York 10022
    (800) 290-1952
    (212) 687-1980
    Fax: (212) 687-7714

    Laurence D. King
    350 Sansome Street, Suite 400
    San Francisco, California 94104
    Telephone: (415) 772-4700
    Fax: 415-772-4707