Published on February 28th, 2018 | by James Ayre0
Remember Volkswagen’s Delay Tactics Relating To “Holocaust Smear” In Netflix Documentary? That Didn’t Work. The Company Has Now Quickly Settled.
February 28th, 2018 by James Ayre
We reported not that long back on the news that lawyers working for Volkswagen in the US were seeking to delay a trial relating to the diesel emissions scandal because of “inflammatory comments” made in a recent Netflix documentary, Dirty Money — comments that drew allusions between the company’s sponsoring of animal testing meant to be used for pro-diesel PR purposes and the Holocaust. The idea behind the legal argument was that the documentary would “unfairly” sway jurors against the company.
We noted in that article that Volkswagen lawyers just seemed to be looking for a reason to further delay litigation relating to the diesel emissions cheating scandal. Virginia state court Judge Bruce White clearly agreed, as it was just a week or so ago that he rejected the request for a delay.
Following that rejection, Volkswagen quickly settled with the plaintiff in question (a man from North Carolina), as announced last Friday. The trial had been set to begin a few days ago (on Monday).
Reuters provides more: “White approved the case’s dismissal on Friday. Virginia Lawyer Mike Melkersen, who represents David Doar, the North Carolina man along with more than 300 other US VW diesel owners, said the case had been dismissed by agreement but he declined to disclose the terms. A Volkswagen spokeswoman declined to comment.
“The first US trial could have resulted in testimony by current and former VW executives and additional negative publicity stemming from the emissions scandal. Doar had sued VW over fraud and unfair trade practice claims and sought punitive damages as well as compensation for the vehicle.
“Doar bought a 2014 diesel Jetta for $23,700 and had rejected a settlement offer from a 2016 class-action agreement that would have reimbursed him for the value of the vehicle. He had sought $725,000 plus attorneys fees in legal filings. The next trial is set for June 4 involving another diesel owner.”
As noted a few paragraphs back, though, it’s not clear whether he got the full amount that he was seeking. Or, for that matter, whether he managed to negotiate for more than that. Our hunch is he settled for some amount between $23,700 and $725,000, but have no idea exactly where.
For more on the backstory here, see: Volkswagen Trying To Halt Trials In US Citing “Inflammatory” Comments Comparing Monkey Testing & Gas Chambers.