Greenberg Glusker Partner, Noah Perch-Ahern, provided insights in Law360's latest article, "Biggest Transportation Rulings of 2020," regarding Volkswagen's tampering claims. In June, the Ninth Circuit poked holes in a federal shield that allowed Volkswagen to dodge claims it violated two U.S. counties' anti-tampering laws during its 2015 diesel emissions-cheating scandal, exposing the German automaker to additional damages and prolonged legal battles. 

Excerpts:

"If the Ninth Circuit decision holds up, the automakers will be vulnerable to a potential flood of claims by other local governments and states."

"The Ninth Circuit's decision was significant in that it set a fairly bright-line rule that post-sale tampering claims under state law are not preempted by the Clean Air Act, at least with respect to state anti-tampering laws that do not impose standards that are different than federally mandated emissions requirements."

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