VW unhappy with plaintiffs’ effort to disqualify judge in emissions trial

Volkswagen attorneys denounced on Thursday a last minute bid by plaintiffs' attorneys to disqualify the federal judge handling the remainder of the clean diesel litigation as a waste of the court's time.

Attorneys representing consumers who opted out of the class action settlement are employing a "frivolous tactic to try to delay the trial" and "pressure the Court into reconsidering" prior rulings that have not gone their way, according to defense attorney William Monahan in court filings.

Plaintiffs' attorneys argued in a motion to disqualify that U.S. District Judge Charles Breyer "has a dog in this fight," given he has "a vested interest in determining that the settlement he presided over and approved was a fair resolution of consumer claims."

Breyer handled and ultimately approved in 2016 Volkswagen's $15 billion settlement with federal and state officials and car owners over the installation of emissions cheating devices. Many legal observers praised Breyer for fashioning a speedy and comprehensive resolution to the highly complex consumer class action lawsuit.

The upcoming trial will be split into two phases. The first will be a liability stage concerning damages while the second will consider whether additional damages are warranted to further punish the company for malicious misconduct.

Plaintiffs' attorneys always harbored concerns about possible bias but "proceeded in good faith in this ligation," lead plaintiffs' attorney Bryan Altman wrote in a motion to disqualify.

But a ruling earlier this month turned the first stage into an examination of whether the class settlement was a fair resolution of Consumer Legal Remedy Act claims, according to plaintiffs' attorneys, who have taken issue with the mandate that the determination will be made by Breyer and not a jury.

Monahan wrote plaintiffs' attorneys "took the exact opposite position" at a Feb. 13 hearing.

Claims from 10 consumers who opted out of settlements will serve as test cases in a trial scheduled to start Feb. 24.

-- Winston Cho