Hill v. Volkswagen, AG, No. 16-17157 (9th Cir. 2018)Annotate this Case
Objectors challenged the district court's judgments in a settlement involving Volkswagen after the company admitted that it had installed defeat devices in certain models of their vehicles. These devices were at the center of a massive scheme by VW to cheat on U.S. emissions tests. The Ninth Circuit held that the district court did not abuse its discretion in certifying the class where eligible sellers benefited from being in the class alongside vehicle owners and there were no signs of an improper conflict of interest that denied absent class members adequate representation. Furthermore, the district court more than discharged its duty in ensuring that the settlement was fair and adequate to the class. The panel also held that the district court did not abuse its discretion by denying Tori Partl's motion to opt out of the settlement class after the deadline to do so had passed. In this case, she had actual and timely notice of the proper method of excluding herself from the settlement, and was therefore responsible for the failure to opt out on time.