Update on Class Action Filing
Todd A. Smith, founding partner at Power Rogers & Smith, addressed the American Association for Justice Seminar in New Orleans, Louisiana, regarding the nationwide class action involving Volkswagen emissions fraud filed in numerous federal district courts across the country, including on behalf of his clients, Brian and Kristen Hellweg, filed in the Northern District of Illinois.
It is estimated that over 500,000 vehicles, with additions to that number anticipated, are involved in this United States fraud in which Volkswagen admitted deception and lack of compliance with various state and federal emissions requirements. Mr. Smith specifically addressed the issues regarding the potential transferee venues, as the seminar in New Orleans coincides with the Federal Judicial Panel on the Multidistrict Litigation’s Hearing for Centralization of the various cases around the country which was heard at 9:30 a.m. on December 3, 2015 in New Orleans, Louisiana.
“The Hellwegs, as conscientious citizens, sought a vehicle that provided the best possible diminishment of pollutants from a vehicle. They thought they had that in the Volkswagen SportWagen vehicle. It is now obvious that they did not. As a result of the fraud by Volkswagen, they have requested us to pursue this matter, not only for themselves, but for other similarly situated Americans," said Smith.
Included in the dismissal denial, the Court found sufficiently pled civil RICO (Racketeer Influenced and Corrupt Organization) counts within the complaint which contended conspiring between defendants to avoid responsibility for this massive automotive defect.