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Automotive
9 min read
Areas of Expertise :
Automotive, Automotive Engineering, Human Factors, Control Systems, Economic Damages
Published Date:
Last Modified Date:
Jurisdiction:
Federal. Eighth Circuit
In 2020, a group of Volkswagen and Audi owners filed a class action lawsuit in the Western District of Missouri over vehicles equipped with the manufacturer’s “Front Assist” feature. The complaint alleged that the system could cause sudden, unnecessary braking or fail to activate when braking was needed, raising safety concerns for drivers. Volkswagen moved to dismiss the case, and in September 2021, the court dismissed certain non-Missouri plaintiffs but allowed the core claims to proceed. After further litigation and mediation, the parties reached a settlement, which the court preliminarily approved on January 18, 2024. The settlement class covered owners and lessees of specific Volkswagen and Audi models, identified by VIN, that were sold or leased in the United States or Puerto Rico.
The settlement addressed alleged deficiencies in the Automatic Emergency Braking (AEB) Systems while avoiding the risks and costs of continued litigation. Under the settlement terms, Volkswagen agreed to provide additional consumer information about how the braking systems operate, extend the New Vehicle Limited Warranty (NVLW) to cover 75% of certain AEB-related repair costs for 12 months or 12,000 miles beyond the original warranty, and reimburse class members for one prior qualifying repair. The reimbursement was 75% for eligible repairs performed after the NVLW expired, or 100% if the repair was completed during the original NVLW period. The official class notice stated that Volkswagen denied liability and maintained that its vehicles were safe and compliant. The court also made clear that it had not ruled in favor of either side. Eligible owners had to submit claims by July 15, 2024, and final settlement benefits were limited to the specific VW and Audi vehicles listed in the settlement agreement.
Plaintiffs’ counsel began investigating reports of irregular braking in Volkswagen and Audi vehicles. The pre-suit review included NHTSA records, owner interviews, document collection, and technical review to assess whether the Automatic Emergency Braking (AEB) systems presented safety risks.
The lawsuit Dack et al. v. Volkswagen Group of America, Inc. & Volkswagen AG was filed in the Western District of Missouri. Plaintiffs alleged that “Front Assist,” which includes Forward Collision Warning and AEB, could activate braking without reason or fail to brake when needed. They also alleged that Volkswagen knew of these issues but continued marketing the vehicles.
Volkswagen moved to dismiss the complaint under Rule 12(b), arguing that the court lacked personal jurisdiction over non-Missouri plaintiffs and that the complaint failed to state a defect claim. Plaintiffs opposed the motion and maintained that their claims were properly pleaded.
The court dismissed the claims of non-Missouri named plaintiffs for lack of personal jurisdiction but denied dismissal of the Missouri plaintiffs’ core allegations. This ruling kept the central AEB defect claims moving forward.
Related suits in California and New Jersey, including Sharma and May/Pieras, were voluntarily dismissed in 2023. Several named plaintiffs from those actions joined Dack through a Consolidated Amended Complaint, bringing related claims before the Missouri court and reducing duplication.
The parties submitted a class settlement framework covering a defined nationwide class of VW and Audi owners and lessees. The settlement materials described relief that included warranty extensions, reimbursement for certain prior repairs, and consumer education about AEB system operation.
Plaintiffs moved for preliminary approval of the settlement. The motion described proposed benefits that included warranty extensions covering 75% of certain AEB repairs, partial reimbursement for one prior qualifying repair, and expanded information about system operation.
Judge Roseann A. Ketchmark preliminarily approved the settlement and conditionally certified the settlement class. The class included a broad list of VW and Audi models identified by VIN. The court also authorized the notice plan and set deadlines for objections, exclusions, and claims.
As of the Notice Date, May 15, 2024, class members became eligible for settlement benefits. For vehicles still under the New Vehicle Limited Warranty (NVLW), the warranty was extended to cover 75% of eligible AEB repair costs for 12 months or 12,000 miles beyond the NVLW. For vehicles whose NVLW had expired before the Notice Date, the settlement provided an additional six months of coverage after the Notice Date.
The court-approved notice set June 17, 2024, as the deadline for class members to object to the settlement or request exclusion. This allowed objections and opt-out requests to be addressed before the fairness hearing.
Class members who had already paid for qualifying AEB repairs were required to file reimbursement claims by July 15, 2024. Eligible owners could recover 100% if the repair occurred during the original NVLW, or 75% if it occurred within 12 months or 12,000 miles after NVLW expiration and before the Notice Date.
The court held the final fairness hearing to determine whether the settlement should receive final approval. Settlement summaries identified this hearing as addressing class certification, claims, objections, and final settlement approval.
On August 26, 2024, Judge Roseann A. Ketchmark entered the Final Approval Order and Judgment, approved the settlement, and dismissed the action with prejudice as to all class members who did not opt out. The court found the agreement fair, reasonable, and adequate, and participating class members became bound by its terms. On August 27, 2024, the court granted Class Counsel’s motion for attorneys’ fees and expenses in the amount of $2,250,000, to be paid separately by Volkswagen. The fee award was separate from the settlement benefits available to class members.
Court:
United States District Court for the Western District of Missouri
Case Name:
Emily Dack, et al. v. Volkswagen Group of America, Inc., et al.
Automatic Emergency Braking AEB Systems
Automotive Electronics
Automobile Defect
Automated Control Systems
Sensors
Sensor Processing
Design Defect
Product Safety
Safety testing
Automotive Industry
In 2020, a group of Volkswagen and Audi owners filed a class action lawsuit in the Western District of Missouri over vehicles equipped with the manufacturer’s “Front Assist” feature. The complaint alleged that the system could cause sudden, unnecessary braking or fail to activate when braking was needed, raising safety concerns for drivers. Volkswagen moved to dismiss the case, and in September 2021, the court dismissed certain non-Missouri plaintiffs but allowed the core claims to proceed. After further litigation and mediation, the parties reached a settlement, which the court preliminarily approved on January 18, 2024. The settlement class covered owners and lessees of specific Volkswagen and Audi models, identified by VIN, that were sold or leased in the United States or Puerto Rico.
The settlement addressed alleged deficiencies in the Automatic Emergency Braking (AEB) Systems while avoiding the risks and costs of continued litigation. Under the settlement terms, Volkswagen agreed to provide additional consumer information about how the braking systems operate, extend the New Vehicle Limited Warranty (NVLW) to cover 75% of certain AEB-related repair costs for 12 months or 12,000 miles beyond the original warranty, and reimburse class members for one prior qualifying repair. The reimbursement was 75% for eligible repairs performed after the NVLW expired, or 100% if the repair was completed during the original NVLW period. The official class notice stated that Volkswagen denied liability and maintained that its vehicles were safe and compliant. The court also made clear that it had not ruled in favor of either side. Eligible owners had to submit claims by July 15, 2024, and final settlement benefits were limited to the specific VW and Audi vehicles listed in the settlement agreement.
Plaintiffs’ counsel began investigating reports of irregular braking in Volkswagen and Audi vehicles. The pre-suit review included NHTSA records, owner interviews, document collection, and technical review to assess whether the Automatic Emergency Braking (AEB) systems presented safety risks.
The lawsuit Dack et al. v. Volkswagen Group of America, Inc. & Volkswagen AG was filed in the Western District of Missouri. Plaintiffs alleged that “Front Assist,” which includes Forward Collision Warning and AEB, could activate braking without reason or fail to brake when needed. They also alleged that Volkswagen knew of these issues but continued marketing the vehicles.
Volkswagen moved to dismiss the complaint under Rule 12(b), arguing that the court lacked personal jurisdiction over non-Missouri plaintiffs and that the complaint failed to state a defect claim. Plaintiffs opposed the motion and maintained that their claims were properly pleaded.
The court dismissed the claims of non-Missouri named plaintiffs for lack of personal jurisdiction but denied dismissal of the Missouri plaintiffs’ core allegations. This ruling kept the central AEB defect claims moving forward.
Related suits in California and New Jersey, including Sharma and May/Pieras, were voluntarily dismissed in 2023. Several named plaintiffs from those actions joined Dack through a Consolidated Amended Complaint, bringing related claims before the Missouri court and reducing duplication.
The parties submitted a class settlement framework covering a defined nationwide class of VW and Audi owners and lessees. The settlement materials described relief that included warranty extensions, reimbursement for certain prior repairs, and consumer education about AEB system operation.
Plaintiffs moved for preliminary approval of the settlement. The motion described proposed benefits that included warranty extensions covering 75% of certain AEB repairs, partial reimbursement for one prior qualifying repair, and expanded information about system operation.
Judge Roseann A. Ketchmark preliminarily approved the settlement and conditionally certified the settlement class. The class included a broad list of VW and Audi models identified by VIN. The court also authorized the notice plan and set deadlines for objections, exclusions, and claims.
As of the Notice Date, May 15, 2024, class members became eligible for settlement benefits. For vehicles still under the New Vehicle Limited Warranty (NVLW), the warranty was extended to cover 75% of eligible AEB repair costs for 12 months or 12,000 miles beyond the NVLW. For vehicles whose NVLW had expired before the Notice Date, the settlement provided an additional six months of coverage after the Notice Date.
The court-approved notice set June 17, 2024, as the deadline for class members to object to the settlement or request exclusion. This allowed objections and opt-out requests to be addressed before the fairness hearing.
Class members who had already paid for qualifying AEB repairs were required to file reimbursement claims by July 15, 2024. Eligible owners could recover 100% if the repair occurred during the original NVLW, or 75% if it occurred within 12 months or 12,000 miles after NVLW expiration and before the Notice Date.
The court held the final fairness hearing to determine whether the settlement should receive final approval. Settlement summaries identified this hearing as addressing class certification, claims, objections, and final settlement approval.
On August 26, 2024, Judge Roseann A. Ketchmark entered the Final Approval Order and Judgment, approved the settlement, and dismissed the action with prejudice as to all class members who did not opt out. The court found the agreement fair, reasonable, and adequate, and participating class members became bound by its terms. On August 27, 2024, the court granted Class Counsel’s motion for attorneys’ fees and expenses in the amount of $2,250,000, to be paid separately by Volkswagen. The fee award was separate from the settlement benefits available to class members.
Automatic Emergency Braking (AEB) / ADAS Engineering Expert Witness
These experts are commonly retained to explain the design and operation of advanced driver assistance systems, including Volkswagen’s “Front Assist.” Their analysis may address how the system detects vehicles ahead, issues driver alerts, and activates automatic braking when the driver does not respond.
Control Systems Expert Witness
Control systems expert witnesses are often engaged to review the electronic and software logic that directs braking-system behavior. Their work may include examining whether algorithms, calibration settings, and embedded code properly process sensor input. In AEB litigation, this analysis can help clarify whether braking commands were executed as intended or whether control logic contributed to irregular braking behavior.
Sensor Technology Expert Witness
Sensor technology expert witnesses are commonly consulted to assess the devices that detect objects, vehicles, and roadway conditions. They may evaluate whether radar, lidar, or camera-based components were calibrated and functioning consistently with applicable industry standards. Their analysis can be important in cases involving alleged missed detections, delayed responses, or false braking triggers.
Human Factors Expert Witness
Human factors expert witnesses focus on how drivers interact with vehicle safety systems. They may analyze how drivers perceive warnings, respond to alerts, and react to automatic interventions such as sudden braking. Their work can help connect technical system design with real-world driver behavior, including warning clarity, response time, and reasonable driver expectations.
Economic Damages Expert Witness
Economic damages expert witnesses are commonly consulted to evaluate the financial impact of alleged automotive defects on consumers. They may review repair invoices, warranty terms, reimbursement records, and vehicle-value issues to calculate out-of-pocket losses, restitution, or diminished value claims. Their analysis helps courts and parties assess the monetary effects of alleged AEB-related performance issues.
Early Case Investigation Shaped Litigation Strategy
A thorough pre-suit investigation helped give the plaintiffs a factual foundation before filing suit. Their review of NHTSA records, owner reports, documents, and technical issues supported allegations that survived Volkswagen’s early motion to dismiss.
Jurisdictional Challenges Narrowed the Class Claims
Volkswagen’s motion to dismiss succeeded in removing non-Missouri named plaintiffs for lack of personal jurisdiction. This ruling shows how venue and jurisdiction arguments can affect who remains in a proposed class action and how the case proceeds.
Consolidated Pleadings Helped Streamline Related Claims
After related suits in California and New Jersey were voluntarily dismissed, several named plaintiffs joined the Missouri action through a Consolidated Amended Complaint. This brought related AEB claims before one court and reduced duplicative litigation.
Settlement Terms Focused on Practical Consumer Remedies
The settlement focused on warranty extensions, reimbursement for certain prior AEB repairs, and consumer information about system operation. These terms addressed practical vehicle-owner concerns and supported the court’s approval of the agreement as fair, reasonable, and adequate.
Procedural Deadlines Supported Settlement Fairness Review
The court-approved process set deadlines for exclusions, objections, and claims before the final fairness hearing. These milestones helped ensure class members had notice and an opportunity to respond before the court entered final approval.
The Volkswagen/Audi AEB class action shows how vehicle safety technology disputes can be resolved through a nationwide settlement rather than trial. After years of filings, motion practice, and consolidation of related claims, the court approved settlement terms that provided warranty extensions, reimbursement for qualifying AEB repairs, and additional owner information about system operation. On August 26, 2024, Judge Roseann A. Ketchmark entered the Final Approval Order and Judgment, approved the settlement, and dismissed the action with prejudice as to class members who did not opt out. On August 27, 2024, the court awarded Class Counsel $2,250,000 in attorneys’ fees and expenses, paid separately by Volkswagen and distinct from class member benefits. The resolution reflects the growing legal importance of Automatic Emergency Braking (AEB), software-based vehicle systems, sensors, and driver-assistance features in modern automotive litigation.
What was the Volkswagen/Audi AEB class action about?
The lawsuit alleged that certain Volkswagen and Audi vehicles equipped with “Front Assist,” including Automatic Emergency Braking (AEB), could brake suddenly without reason or fail to brake when needed.
Which vehicles were included in the AEB settlement?
The settlement covered specific Volkswagen and Audi models sold or leased in the United States or Puerto Rico. Covered vehicles were identified by vehicle identification number (VIN).
What benefits did the AEB settlement provide?
The settlement provided consumer information, a warranty extension covering 75% of certain AEB-related repair costs for 12 months or 12,000 miles, and reimbursement for one prior qualifying repair under the settlement’s terms. The settlement materials supported 75% reimbursement for eligible out-of-warranty repairs performed within 12 months or 12,000 miles after NVLW expiration and before the Notice Date, with separate notice materials identifying potential full reimbursement for certain repairs paid during the original NVLW period.
Did Volkswagen admit fault in the AEB settlement?
No. Volkswagen denied liability and maintained that its vehicles were safe and compliant.
What were the important deadlines in the AEB settlement?
Key dates included June 17, 2024, for exclusions and objections; July 15, 2024, for claims; July 17, 2024, for the Final Fairness Hearing; and August 26, 2024, for final approval.
How much was awarded in attorneys’ fees in the Volkswagen/Audi AEB case?
On August 27, 2024, the court granted Class Counsel’s motion for attorneys’ fees and expenses in the amount of $2,250,000. Volkswagen paid this amount separately, and it did not reduce or replace the settlement benefits provided to class members.
Automatic Emergency Braking (AEB) / ADAS Engineering Expert Witness
These experts are commonly retained to explain the design and operation of advanced driver assistance systems, including Volkswagen’s “Front Assist.” Their analysis may address how the system detects vehicles ahead, issues driver alerts, and activates automatic braking when the driver does not respond.
Control Systems Expert Witness
Control systems expert witnesses are often engaged to review the electronic and software logic that directs braking-system behavior. Their work may include examining whether algorithms, calibration settings, and embedded code properly process sensor input. In AEB litigation, this analysis can help clarify whether braking commands were executed as intended or whether control logic contributed to irregular braking behavior.
Sensor Technology Expert Witness
Sensor technology expert witnesses are commonly consulted to assess the devices that detect objects, vehicles, and roadway conditions. They may evaluate whether radar, lidar, or camera-based components were calibrated and functioning consistently with applicable industry standards. Their analysis can be important in cases involving alleged missed detections, delayed responses, or false braking triggers.
Human Factors Expert Witness
Human factors expert witnesses focus on how drivers interact with vehicle safety systems. They may analyze how drivers perceive warnings, respond to alerts, and react to automatic interventions such as sudden braking. Their work can help connect technical system design with real-world driver behavior, including warning clarity, response time, and reasonable driver expectations.
Economic Damages Expert Witness
Economic damages expert witnesses are commonly consulted to evaluate the financial impact of alleged automotive defects on consumers. They may review repair invoices, warranty terms, reimbursement records, and vehicle-value issues to calculate out-of-pocket losses, restitution, or diminished value claims. Their analysis helps courts and parties assess the monetary effects of alleged AEB-related performance issues.
Early Case Investigation Shaped Litigation Strategy
A thorough pre-suit investigation helped give the plaintiffs a factual foundation before filing suit. Their review of NHTSA records, owner reports, documents, and technical issues supported allegations that survived Volkswagen’s early motion to dismiss.
Jurisdictional Challenges Narrowed the Class Claims
Volkswagen’s motion to dismiss succeeded in removing non-Missouri named plaintiffs for lack of personal jurisdiction. This ruling shows how venue and jurisdiction arguments can affect who remains in a proposed class action and how the case proceeds.
Consolidated Pleadings Helped Streamline Related Claims
After related suits in California and New Jersey were voluntarily dismissed, several named plaintiffs joined the Missouri action through a Consolidated Amended Complaint. This brought related AEB claims before one court and reduced duplicative litigation.
Settlement Terms Focused on Practical Consumer Remedies
The settlement focused on warranty extensions, reimbursement for certain prior AEB repairs, and consumer information about system operation. These terms addressed practical vehicle-owner concerns and supported the court’s approval of the agreement as fair, reasonable, and adequate.
Procedural Deadlines Supported Settlement Fairness Review
The court-approved process set deadlines for exclusions, objections, and claims before the final fairness hearing. These milestones helped ensure class members had notice and an opportunity to respond before the court entered final approval.
The Volkswagen/Audi AEB class action shows how vehicle safety technology disputes can be resolved through a nationwide settlement rather than trial. After years of filings, motion practice, and consolidation of related claims, the court approved settlement terms that provided warranty extensions, reimbursement for qualifying AEB repairs, and additional owner information about system operation. On August 26, 2024, Judge Roseann A. Ketchmark entered the Final Approval Order and Judgment, approved the settlement, and dismissed the action with prejudice as to class members who did not opt out. On August 27, 2024, the court awarded Class Counsel $2,250,000 in attorneys’ fees and expenses, paid separately by Volkswagen and distinct from class member benefits. The resolution reflects the growing legal importance of Automatic Emergency Braking (AEB), software-based vehicle systems, sensors, and driver-assistance features in modern automotive litigation.
What was the Volkswagen/Audi AEB class action about?
The lawsuit alleged that certain Volkswagen and Audi vehicles equipped with “Front Assist,” including Automatic Emergency Braking (AEB), could brake suddenly without reason or fail to brake when needed.
Which vehicles were included in the AEB settlement?
The settlement covered specific Volkswagen and Audi models sold or leased in the United States or Puerto Rico. Covered vehicles were identified by vehicle identification number (VIN).
What benefits did the AEB settlement provide?
The settlement provided consumer information, a warranty extension covering 75% of certain AEB-related repair costs for 12 months or 12,000 miles, and reimbursement for one prior qualifying repair under the settlement’s terms. The settlement materials supported 75% reimbursement for eligible out-of-warranty repairs performed within 12 months or 12,000 miles after NVLW expiration and before the Notice Date, with separate notice materials identifying potential full reimbursement for certain repairs paid during the original NVLW period.
Did Volkswagen admit fault in the AEB settlement?
No. Volkswagen denied liability and maintained that its vehicles were safe and compliant.
What were the important deadlines in the AEB settlement?
Key dates included June 17, 2024, for exclusions and objections; July 15, 2024, for claims; July 17, 2024, for the Final Fairness Hearing; and August 26, 2024, for final approval.
How much was awarded in attorneys’ fees in the Volkswagen/Audi AEB case?
On August 27, 2024, the court granted Class Counsel’s motion for attorneys’ fees and expenses in the amount of $2,250,000. Volkswagen paid this amount separately, and it did not reduce or replace the settlement benefits provided to class members.
Automatic Emergency Braking AEB Systems
Automotive Electronics
Automobile Defect
Automated Control Systems
Sensors
Sensor Processing
Design Defect
Product Safety
Safety testing
Automotive Industry
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Automotive
Automotive, +4
Automotive