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Mayer Brown Tapped to Defend Volkswagen Consumer Suits

Horn testified that he learned in the spring of 2014 about the West Virginia University study that found the diesel-run 2012 Jetta and 2013 Passat both emitted more nitrogen oxides than Volkswagen advertised and were permitted under federal and state regulations. But Horn said he was “not told that I had any reason to suspect” that the vehicles included any device to hide their true emissions from testing.

The U.S. Environmental Protection Agency’s investigation ultimately found certain models of the VW Jetta, Sportwagen, Golf, Beetle, Passat and the Audi A3 from 2009 to 2015 featured a software device to fraudulently pass emission testing.

Volkswagen admitted to the EPA on Sept. 3 that the company had installed that device, affecting about 480,000 cars in the United States.

“I did not think that something like this was possible at the Volkswagen Group,” Horn said.

On Sept. 18, the EPA and the California Air Resources Board sent VW official notices of violation. Dr. Martin Winterkorn, VW’s CEO, resigned less than a week later after issuing a public apology.

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