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Individuals who sold their Volkswagen “clean diesel” vehicles before the emissions scandal erupted can sue for economic damages, according to a ruling this week.

U.S. District Judge Charles Breyer, who approved the $14.7 billion settlement with Volkswagen in 2016, refused to dismiss a separate class action brought on behalf of tens of thousands of consumers who sold or terminated their leases before Sept. 18, 2015. That’s the date on which the U.S. Environmental Protection Agency announced Volkswagen installed software in 600,000 U.S. vehicles to cheat emissions tests.

In an Oct. 3 order, Breyer wrote in the U.S. District Court for the Northern District of California that consumers had standing to pursue their claims against Volkswagen. He also allowed racketeering allegations against the engineering company Robert Bosch, which installed the software.

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Amanda Bronstad

Amanda Bronstad is the ALM staff reporter covering class actions and mass torts nationwide. She writes the email dispatch Critical Mass. She is based in Los Angeles.

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