BALTIMORE, Oct. 26, 2015 /PRNewswire/ -- One of Maryland's top class action law firms has filed a lawsuit against Volkswagen, Inc. seeking compensation for all persons in Maryland who bought or leased Volkswagen diesel-fueled cars discovered to have been rigged to defeat U.S. emissions tests.
The class action lawsuit was filed Oct. 21, in U.S. District Court for the District of Maryland, Northern Division, said Robert Jenner, principal partner, Janet, Jenner & Suggs, LLC. The case is Angela Moloney, Individually and on Behalf of Others Similarly Situated, vs. Volkswagen Group of America, Inc., Case No. 1:15-cv-03215-MJG. Ms. Moloney, of Hanover, MD, fulfills the role of class representative, as required by these types of lawsuits.
"People who bought these cars were defrauded. They are out significant amounts of money. The lawsuit seeks to get them nothing short of the compensation they are entitled to," Jenner said.
The class action, if approved by the court, will cover all Maryland residents and entities who are current owners or former owners, and/or lessees of a Volkswagen or Audi vehicle with a Type EA 189 2.0-litre turbo diesel engine, including the following: 2009-2015 Volkswagen Jetta; 2009-2015 Volkswagen Beetle; 2009-2015 Volkswagen Golf; 2012-2015 Volkswagen Passat; and 2009-2015 Audi A3.
Although the vehicles have been recalled and Volkswagen has announced it intends to repair them, class members "have and will continue to suffer significant harm," according to the suit.
"First, the only way for Volkswagen to make the Class Vehicles comply with emissions standards will be to significantly reduce the vehicle' horsepower, torque, fuel efficiency and/or cargo space. Thus, if made EPA compliant, Class members will suffer actual harm and damages because their vehicles will no longer perform as advertised or warranted," the lawsuit states.
"Second, Class Members' Class Vehicles will suffer from a significant diminution value by being made EPA compliant, because not only did Class Members overpay for their vehicles, but they also will be forced to pay much more to fuel their less fuel-efficient vehicles," the lawsuit adds.
The recalled vehicles also will be worth less in the used car market because of decreased performance and efficiency, which means that vehicle owners will not be able to recoup their expected resale value in the future, the lawsuit states.
Counts against Volkswagen include fraud, breach of express warranty, breach of implied warranty, breach of contract, unjust enrichment, violation of the federal Magnuson-Moss Warranty Act, and violation of the Maryland Consumer Protection Act.
The lawsuit demands that Volkswagen provide class members with relief in the form of a free replacement program; costs, restitution, and damages to be determined at trial; and treble or punitive damages as permitted by law, among other demands.
Janet, Jenner & Suggs, LLC
Janet, Jenner & Suggs, LLC, is known nationwide for winning class actions and mass torts on behalf of persons who have been harmed by dangerous products, or the actions of others. Most recently, the firm obtained a $190 million settlement in a class action lawsuit against Johns Hopkins Hospital on behalf of some 9,000 victims of a hospital-employed gynecologist, and a $200 million settlement on behalf of persons injured or killed when a Massachusetts compounding pharmacy distributed tainted steroid injections.
Howard Janet was named the 2015 Maryland Association for Justice 2015 Lawyer of the Year, and was Best Lawyers ® 2015 Lawyer of the Year in Product Liability, Baltimore, MD. Robert Jenner has been named Baltimore Lawyer of the Year for Mass Tort Litigation and Class Actions by Best Lawyers ®, which also has recognized him as one of the Best Lawyers in the nation five years in a row.
SOURCE Janet, Jenner & Suggs, LLC