Federal statutes and regulations on auto emission standards do not preclude New Jersey plaintiffs from pursuing consumer fraud and related claims against Volkswagen that stem from the carmaker’s diesel emissions scandal, a state appeals court ruled on Monday.
A three-judge Appellate Division panel affirmed the decisions by two trial judges—Union County Superior Court Judge Camille Kenny and Bergen County Superior Court Judge Charles Powers Jr.—to deny Volkswagen’s motions to dismiss on summary judgment.
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