Edwards Kirby Files First North Carolina Class Action Lawsuit Against Volkswagen For Fraudulent Emissions Testing

Raleigh, N.C. (Sept. 25, 2015) – Edwards Kirby, a national law practice led by former U.S. Senator John Edwards and David Kirby, has filed a class action complaint against Volkswagen for fraudulent conduct on behalf of plaintiffs in North Carolina.


The complaint, filed on September 23, 2015, in U.S. District Court, alleges that Volkswagen used software to cheat U.S. laws related to emissions from certain vehicles manufactured by the automaker. The complaint was filed by Edwards Kirby and the firm will be partnering with the Athens, Georgia law firm of Blasingame, Burch, Garrard & Ashley on the litigation.


“Volkswagen has admitted to deceptive tactics effecting EPA emission tests, and we intend to make sure that Volkswagen customers in North Carolina who’ve been affected, whose trust in the automaker was violated, have their voices heard and receive the restitution they deserve,” Edwards said.


The plaintiffs assert Volkswagen failed to disclose that certain so-called “clean diesel” vehicles actually illegally violated Federal emission standards, resulting in monetary and property losses for plaintiffs. According to the EPA, Volkswagen installed a deceptive software device that allowed the automaker to cheat the system. During normal operations, illegal vehicles emit up to 40 times the legal limit of toxic NOx; during emissions tests, the software detects testing and turns on full emissions controls, but only during the test.


The suit states that as a result, the vehicles emit nitrogen oxide at levels up to 40 times the standard allowed under U.S. law. Nitrogen oxides (NOx) can cause a wide variety of health problems including chest pain, coughing, throat irritation and congestion and can worsen conditions including bronchitis, emphysema and asthma. Children are at greatest risk of experiencing negative health impacts.


The lead plaintiff in the suit, Donald Kevin Vinson of Highland, North Carolina, is bringing the action on behalf of all other current and former owners or lessees of the following 2.0-liter diesel automobiles:


VW Jetta (model years 2009-15)
VW Beetle (model years 2009-15)
VW Golf (model years 2009-15)
VW Passat (model years 2014-15)
Audi A3 (model years 2009-15)


Edwards Kirby is continuing to expand its suit against Volkswagen. Attorneys working on the Volkswagen litigation can be contacted at (866) 409-2250 or http://edwardskirby.com/contact-us/.

About Edwards Kirby:

Edwards Kirby is a national law firm, led by former U.S. Senator and trial attorney John Edwards and David Kirby, with offices in Raleigh, N.C. and San Diego, Calif. The firm offers leading representation for plaintiffs in matters of personal injury, public and product safety, consumer protection, health care and medical liability, or civil rights and discrimination. For more information on the firm or its attorneys, please visit