9th Circ. Revives Post-Sale Claims In VW Emissions Suit

Law360 (June 1, 2020, 9:48 PM EDT) -- The Ninth Circuit told Volkswagen Group of America Inc. and other automakers Monday that they must face claims by two counties over the post-sale modification of "defeat devices" intended to fool emissions testing, saying the Clean Air Act only preempts the counties' claims over new vehicles.

The Ninth Circuit said Monday that the Clean Air Act did not preempt all of two counties' claims against Volkswagen and other carmakers over their use of emissions control "defeat devices." (AP Photo/Michael Sohn, file) The three-judge panel said that while the Northern District of California was correct in finding that the CAA's express preemption clause forecloses claims by the...

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