As our readers know, BSM is co-counsel in the VW Dealer class action against Robert Bosch, LLC and Robert Bosch, GmbH (collectively “Bosch”) seeking damages resulting from the Diesel-gate scandal. Unlike Volkswagen Group of America and Volkswagen AG, Bosch has chosen to fight the litigation with continuing delay tactics.
After over two years since the initial VW dealer class action was filed, we are finally beginning to receive pertinent documentary evidence from Bosch and starting to take depositions of Bosch employees with the most knowledge related to Bosch’s involvement with the creation of the defeat device and scheme to evade regulatory detection. Likewise, both parties have submitted their expert reports as to the damage suffered by VW dealers resulting from the Diesel-gate scandal. Based upon all the evidence to date, we remain confident in the case.
The next important step in the litigation against Bosch will be the Court’s ruling on the VW Dealers’ Motion to Certify the VW Dealers as a Class. A favorable ruling on this Motion will allow dealers to continue to pursue their claims against Bosch through the dealers acting as class representatives. Considering the number of VW dealers across the country, a class action is the most efficient and cost-effective way in which to pursue VW dealer claims against Bosch. An adverse ruling on the Motion to Certify will result in VW dealers being forced to bring claims individually against Bosch. The Court is scheduled to hear oral argument on the Motion to Certify on December 20, 2019 and to likely rule on the Motion in early 2020.