Volkswagen’s Attempt to Dismiss Lawsuit Ruled Moot With Filing of Amended Complaint

On November 22, 2017, Law360 reported that

[a] Florida federal judge . . . denied Volkswagen’s bid to toss a lawsuit over an alleged suspension defect in its CC sedans, finding the motion moot after the proposed class of drivers who launched the suit filed a new complaint the day before that added a number of new claims.

The 161-page amended complaint against Volkswagen Group of America Inc. and its parent, Volkswagen AG, is more than double the length of the drivers’ original complaint against the automaker in August. It includes six new named plaintiffs, adds 13 new state subclasses, expands the time period covered by the proposed class back to 2009, and brings six new sets of state law claims plus some new federal law claims.

The new complaint maintains allegations that the CC sedans have a defective suspension system that can’t be readjusted when the tires naturally creep out of alignment, causing the tires to quickly and unevenly wear down, an effect described as “cupping” or “feathering.” Despite allegedly knowing about the problem, Volkswagen ignored it and told dealerships and repair shops to simply replace the vehicles’ tires, which quickly wore down again, the drivers said.

The amended complaint against Volkswagen, filed in United States District Court, Southern District of Florida, can be viewed by clicking Wilson, et al v. Volkswagen Group of America, et al

Law360 also reported that

[t]he 15 named plaintiffs seek to represent a nationwide class of people who owned or leased Volkswagen CCs from 2009 to the present, expanding the scope of the proposed class three years, as the original complaint covered 2012 to the present. They also seek to represent subclasses of drivers from 14 states: Arizona, California, Florida, Georgia, Louisiana, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Texas, Utah and Virginia, whereas the original complaint only described a Florida subclass.

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