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VW Drivers Seek Mistrial, Citing Judge’s Alleged ‘Hostility’

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > VW Drivers Seek Mistrial, Citing Judge’s Alleged ‘Hostility’

VW Drivers Seek Mistrial, Citing Judge’s Alleged ‘Hostility’

Law360, San Francisco (February 28, 2020, 9:43 PM EST) — Drivers battling Volkswagen in a bellwether jury trial over the German automaker’s “clean diesel” emissions scandal moved for a mistrial Friday, accusing the California federal judge overseeing the case of exhibiting “overt hostility” towards them while assuming an “advocacy-type role” for Volkswagen, accusations the judge strongly denied.

“That’s quite an accusation,” said U.S. District Judge Charles R. Breyer, rebutting the allegations and telling counsel ​​for the drivers that a “general impression of how things are going” will not be the basis for a mistrial.

Just days before the San Francisco trial began, counsel for the drivers made a last-minute bid to disqualify Judge…

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