Arent Fox partner Russell McRory got a big win when the U.S. Court of Appeals for the Second Circuit reinstated a case he brought against Volkswagen, but a bigger problem was about to wipe out his victory this month: Volkswagen’s $1.2 billion emissions settlement with its dealers.
McRory’s client, who at the time owned a dealership in New York called Palisades Volkswagen, had filed a lawsuit in 2013 over the automaker’s alleged price discrimination in bonuses paid to its dealers–a suit, once dismissed, that the Second Circuit revived on Oct. 28.
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