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VW Wins Appeal by Diesel Car Owners Who Sold Pre-Scandal (1)

Jan. 20, 2022, 7:30 PMUpdated: Jan. 20, 2022, 9:36 PM

Owners who sold their Volkswagen AG diesel cars on the secondhand market before VW’s use of software to defeat emissions tests came to light failed to show the financial loss needed to maintain their proposed class suit, the Ninth Circuit ruled Thursday.

Even if their theory of injury was that VW fraudulently induced them into paying a “clean diesel premium” when they bought their cars new, their expert admitted he didn’t calculate that premium, the appeals court said in an unsigned, unpublished opinion.

The trial court properly found irrelevant the economic expert’s use of post-disclosure value losses to estimate the ...

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