蜜柚直播

U.S. District Judge Roslyn Silver said the state鈥檚 case is based on the contention that the German automaker knowingly and intentionally deceived 蜜柚直播ns into buying diesel cars that were supposed to produce less emissions. The company has admitted the engines burn dirtier than claimed, she noted.

That means it is legally irrelevant, Silver said, whether VW violated federal clean air standards. She said the only issue is whether VW lied to 蜜柚直播ns, and that does not require a federal court to decide.

The ruling represents a significant victory for Attorney General Mark Brnovich, who originally filed the case in state court. It provides what might be called a 鈥渉ome field鈥� advantage to have a state judge determine the extent of 蜜柚直播鈥檚 consumer fraud laws. The lawsuit seeks at least $40 million from VW.

In her ruling, Silver said VW set out in 2007 to become the world鈥檚 largest automaker, requiring it to 鈥渄ramatically increase鈥� its U.S. sales.

鈥淰olkswagen believed it could do so by placing special emphasis on the development and sale of what it called its 鈥楥lean Diesel鈥� vehicle,鈥� Silver wrote.

She said they generally are more fuel-efficient than gasoline-powered engines but sometimes cannot meet stringent U.S. emissions standards. The company made some progress toward a technical solution. 鈥淏ut, in 2008, it determined there was an easier way: cheating,鈥� she wrote.

In essence, VW designed its diesel engines to sense when they were being tested, reducing power and lowering emissions. Then, off the test device, power went back up 鈥� along with emissions.

The state鈥檚 case, she said, is based on the claim that between 2008 and 2014, VW 鈥渋nundated consumers in 蜜柚直播 with commercials regarding its Clean Diesel vehicles.鈥�

It was not until 2015 VW admitted to federal and California officials it had installed the 鈥渄efeat devices鈥� in the vehicles.

Brnovich filed suit earlier this year claiming VW 鈥渆ngaged in deceptive and unfair business practices,鈥� and that state consumer fraud laws were violated in the 鈥渁dvertising, marketing, selling and leasing鈥� of the vehicles.

VW had the case transferred to federal court, arguing there were federal issues that only a federal court could resolve. Key to that, company attorneys said, is whether the state can prove its vehicles violated federal emissions standards.

Silver, however, wrote that, 鈥溍坭种辈� could prevail on this (consumer fraud) claim even if it were to drop all mentions of federal law, regulations, and standards from its complaint and case strategy. In fact, 蜜柚直播 could prevail even if the federal law, regulations, and standards had never existed.鈥�

She said the state consumer fraud laws require only a showing that a company鈥檚 statements 鈥渉ad the tendency and capacity to convey misleading impressions.鈥�

That makes the case all about what VW said to customers and potential customers, not about whether what was coming out of tailpipes violated federal emission standards, Silver said.

In the lawsuit, Brnovich said potentially 4,000 蜜柚直播ns were effectively duped into buying vehicles with a special diesel engine that was advertised as having just a fraction of the emissions as similar cars. Buyers paid anywhere from $1,000 to $7,000 more than for comparable vehicles, he said.