Court rules for investors in Volkswagen diesel suit

Litigation Reports

A court in Germany has ruled that Volkswagen's parent company must pay 47 million euros ($54 million) in damages to investors for not making a timely disclosure of its scandal over cars rigged to cheat on diesel emissions tests.

The dpa news agency reported that the Stuttgart court announced the verdict Wednesday against Porsche SE, which holds 52 percent of the voting rights in Volkswagen.

The company said it would appeal and called the claims "without merit."

News of the scandal broke in September 2015 but the plaintiffs argued that Volkswagen's top management knew about the troubles earlier. Former Volkswagen CEO Martin Winterkorn exercised his legal right not to testify.

The case comes in addition to investor suits against Porsche SE and Volkswagen before a court in Braunschweig, Germany. Porsche said it was "convinced that the rulings will not be sustained in a second-instance ruling."

Porsche said higher courts had ruled that the Stuttgart court should have decided the case by its full chamber, not by a single judge. It cited what it said were existing rulings by other courts that proceedings should be stayed while a so-called model case is pending before the Braunschweig court to prevent conflicting decisions on the same issues. Porsche said that the actions "are without merit and the claims raised do not exist."

German securities law requires companies to disclose information that could significantly affect the stock price so that investors can decide whether or not to sell their holdings.

The U.S. Environmental Protection Agency issued a notice of violation on Sept. 18, 2015, saying Volkswagen had installed software that turned emissions controls on during testing and off during every day driving. Volkswagen has pleaded guilty to criminal charges in the United States and incurred more than 28 billion euros ($32 billion) in fines and penalties. Winterkorn and several other Volkswagen executives serving at the time face criminal charges in the U.S. but cannot be extradited; two Volkswagen executives were sent to prison.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.