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Thursday, July 18, 2019

Federal court throws out claims against Volkswagen over suspension system


By Chandra Lye | Oct 3, 2018

The CC model cars after 2009 have the allegedly defective suspension system. | Tookapic

MIAMI –– A federal court dismissed several claims against Volkswagen over alleged suspension system defects in some of its CC model cars.

Judge Robert Scola of the U.S. District Court for the Southern District of Florida dismissed nearly all of the 29 counts against the car company, ranging from warranty claims to unfair business practices.

Some of the plaintiff's fraud claims were not dismissed. XX called some of Volkswagen's arguments "overly generalized."

Fifteen customers from 14 different states brought the lawsuit against Volkswagen. According to the plaintiffs' complaint, the CC model's suspension system cannot be re-aligned like other cars. This results in faster wear on the tires. The plaintiffs allege Volkswagen told dealers to cover up the problem by blaming customers' driving habits or bad tires for the problem.

The plaintiffs say thousands of customers complained to dealers about the tire wear, so the company should have known about the problem and offered a solution.

The court found several reasons for dismissing individual claims. Some of the plaintiffs never took their vehicle to a dealer for tire repairs or notified Volkswagen about the issue during the statute of limitations. Many of the judge's decisions rested on individual state laws, which vary widely.

The court also noted the plaintiffs did not request leave to amend their complaint, so they cannot bring those claims back to court.

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U.S. District Court for the Southern District of Florida Volkswagen of America Group, Inc

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