I'm not "that kind" of lawyer, and this is not to be construed as 'legal advice' from me to you on the topic of your car, but...
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Originally Posted by Drago
In the complaint it says "Remedy or mitigate" on page 27
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I don't see where it says, "remedy or mitigate." The provision you refer to says:
"Order VW to take appropriate steps, including, but not limited to, mitigation of excess NOx emissions, to remedy the violations of Sections 203(a)(1), 203(a)(3)(A), and 203(a)(3)(B) alleged above."
Translation: They are asking the court to order VW to take "appropriate steps" in response to the filed complaint, and such "appropriate steps" are to include the mitigation of excessive NOx emissions from the affected diesel engines, so that they are no longer in violation of the listed sections.
The "but not limited to" language seems like 'tall-building lawyer' speak to me; it is unnecessary because "including" is a term of enlargement and not of limitation and does not suggest that any "appropriate steps" not explicitly expressed are excluded.
Quote:
Originally Posted by Drago
So does that mean VW has to fix the problem or can they just pay off the owners?
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I'm not sure where you're coming from here....how does paying off the owners mitigate excessive NOx emissions and bring VW in line with the law? Regardless, a cursory reading of the complaint suggests that this is an action brought by the attorney general at the request of the EPA requesting (in addition to injunctive and other affirmative relief) that civil penalties be assessed against VW for the listed violations. Those civil penalties would, I assume, be paid to the treasury, not to the owners of VW vehicles.
Hope this is helpful and responsive to your questions.