In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, No. 19-16361 (9th Cir. 2020)
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The Ninth Circuit affirmed the district court's denial of claimants' motions to enforce a settlement agreement that the district court approved between Volkswagen and owners and lessees of diesel cars that had defeat devices, which altered emissions profiles of the cars.
The panel held that the district court had the authority to review claimants' motions to enforce the settlement agreement. Furthermore, the district court did not err in reaching the merits of claimants' motions without resolving their status as third-party beneficiaries. The panel also held that the district court had the authority to, and did, approve the amendment to the settlement agreement. The panel stated that the Framework is now an enforceable part of the settlement agreement. Given the settlement agreement's express modification procedures, the district court did not abuse its discretion by construing the Framework as such a modification and approving it in response to claimants' motions.
Court Description: Settlement Agreement The panel affirmed the district court’s denial of claimants’ motions to enforce a settlement agreement that the district court approved between Volkswagen Group of America, Inc. and owners and lessees of diesel cars that had defeat devices, which altered emissions profiles of the cars. Under the settlement agreement, certain vehicles purchased from junkyards or salvage yards, known as “branded title” vehicles, were ineligible for compensation. In February 2018, the Claims Supervisor announced that the Claims Review Committee had adopted a general Framework to expand the types of vehicles ineligible for compensation by revising the exclusion for “branded title” vehicles to also include those acquired from the “equivalent” of a junkyard or salvage yard, i.e., an insurance auction. Claimants all purchased a Volkswagen “branded title” vehicle from an insurance auction in the months following * The Honorable Brian M. Morris, United States District Judge for the District of Montana, sitting by designation. 6 IN RE VOLKSWAGEN “CLEAN DIESEL” LITIGATION the approval of the settlement agreement and sought compensation from Volkswagen. Their claims were denied. The panel held that the district court had the authority to review claimants’ motions to enforce the settlement agreement. Because the district court expressly retained authority to “ensure compliance” with the settlement agreement’s terms, the district court was well within its jurisdiction to determine whether the new Framework breached the agreement. The panel held further that the district court did not err in reaching the merits of claimants’ motions without resolving their status as third-party beneficiaries. The panel held that the district court had the authority to, and did, approve the amendment to the settlement agreement. Accordingly, the Framework was an enforceable part of the settlement agreement. The panel held further that the district court did not abuse its discretion in finding the Framework as a manifestation of the parties’ assent to modify the settlement. The panel rejected claimants’ argument that any modification to the agreement required a substantial change of circumstances and a notice to the class. The panel also rejected claimants’ contention that Volkswagen should be estopped from denying their claims based on claimant’s reliance on Volkswagen’s course of performance and pre-Framework agreement in purchasing “branded title” cars. The panel concluded that, given the settlement agreement’s express modification procedures, the district court did not abuse its discretion in construing the Framework as such a modification and approving it in response to claimants’ motions. IN RE VOLKSWAGEN “CLEAN DIESEL” LITIGATION 7
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