Ohio Justices Told VW Emissions Fight Not Preempted

Law360 (February 18, 2020, 6:07 PM EST) -- Ohio urged the state Supreme Court to uphold a recent decision reviving the Buckeye State's lawsuit alleging Volkswagen violated state anti-tampering laws during its diesel emissions-cheating scheme, rejecting Volkswagen's argument that federal law preempts Ohio's claims.

The state said in a response brief Friday that the case raises important preemption questions that would be worthy of the justices' review, but that hardly means that Volkswagen AG should prevail in its bid to avoid consequences in Ohio for tampering with emissions after selling its cars to consumers.

Ohio says the state Supreme Court should affirm a December decision from Ohio's Tenth Appellate...

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