Analysis

9th Circ. Leaves VW Bracing For Post-Sale Tampering Claims

By Linda Chiem (June 2, 2020, 10:00 PM EDT) -- The Ninth Circuit has poked holes in a federal shield that allowed Volkswagen to dodge claims that it violated two U.S. counties' anti-tampering laws during its 2015 clean diesel emissions-cheating scandal, exposing the German automaker to additional damages and prolonged legal battles.

The appeals court on Monday cleared a path for Hillsborough County, Florida, and Salt Lake County, Utah, to enforce county regulations prohibiting tampering with vehicles' emission controls, reversing a California federal judge's finding that the Clean Air Act preempted their claims.

The decision opens Volkswagen Group of America Inc. up to what the Ninth Circuit described as potentially "staggering"...

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