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$1.4B hedge fund suit against Porsche dismissed

Investors have canvassed courts in Europe and the US to repeatedly sue Porsche over its failed attempt to take over Volkswagen in 2008 (see here, and here and here), and they have repeatedly failed to win any cases. You can add another big loss to the tally, with Bloomberg reporting that the Stuttgart Regional Court has dismissed a 1.4-billion euro ($1.95B US) lawsuit, the decision explained by the court's assertion that the investors would have lost on their short bets even if Porsche hadn't misled them.
Examining the hedge funds' motives for stock purchases and the bets that VW share prices would fall, judge Carola Wittig said that the funds didn't base their decisions on the key bits of "misinformation," and instead were participating simply in "highly speculative and naked short selling," only to get caught out.
With other cases still pending, the continued streak of victories bodes well for Porsche's courtroom fortunes, since judges will expect new information to consider overturning precedent. If there is any new info, it could come from the potential criminal cases still outstanding against former CEO Wendelin Wiedeking and CFO Holger Härter, who were both indicted on charges of market manipulation.

California orders VW Group to fix 15,000 3.0L diesel vehicles

The California Air Resources Board has ordered Volkswagen to come up with a plan for repairing approximately 15,000 cars sold in the state that contain illegal software that may circumvent emissions testing. In a letter sent to Volkswagen Group of America and several company brands, CARB's chief emissions officer says the company has 45 business days to submit a recall plan that will fix affected Volkswagen, Audi, and Porsche models equipped with 3.0-liter diesel engines sold in the state since 2009. "We expect full cooperation in this investigation so this issue can be addressed expeditiously and appropriately," wrote Annette Herbert, chief of emissions compliance. The violations first surfaced in a meeting last week between California regulatory officials and Audi executives. In that meeting, Audi admitted certain versions of A6, A7, A8, Q5 and Q7 models contained three previously undisclosed auxiliary emissions control devices. An auxiliary device is not necessarily the same as a defeat device that intentionally cheats on emissions testing, but Audi and other affected brands hadn't disclosed the existence of the AECDs, which is a violation of the state's health and safety code. Had they been disclosed prior to vehicle certification, there's a possibility CARB may have approved use of the devices. In a statement Wednesday, CARB did not elaborate on whether it considered the three devices mere AECDs or defeat devices. When Volkswagen submits its plan to fix the cars, CARB says it must include an assessment of how the repairs will affect fuel economy, performance, drivability, and the safety of each vehicle. The 15,000 cars affected in California are part of roughly 85,000 nationwide which contain the affected 3.0-liter engines. The US Environmental Protection Agency may soon address how it expects Volkswagen to fix the remaining cars. "EPA and CARB are working closely and continue to investigate following the admission by Volkswagen that the issues EPA identified in the November 2nd NOV (Notice of Violations) extend to all 3.0-liter diesel Volkswagen, Audi, and Porsche vehicles," an agency spokesperson said in a statement Wednesday. "EPA will take all appropriate enforcement action." The 3.0-liter developments, of course, come on top of the company's September admission that 482,000 diesels equipped with 2.0-liter engines contain defeat devices that detect emissions testing and alter the cars' performance.

Recharge Wrap-up: Smart Fortwo engine fires, Tesla finalist for Extole Advocacy and Customer Experience award

NHTSA has launched a preliminary investigation into complaints of Smart Fortwo engine fires. So far, the agency has received eight complaints about the rear engine compartment catching fire in model year 2008 and 2009 Fortwos and quickly engulfing the car. Six of the fires occurred while driving and were preceded by a check engine light. "The safety of our customers is our primary concern, and we are cooperating with NHTSA in its inquiry," says parent company Mercedes-Benz. "We are not aware of any injuries related to this inquiry." Read more from Automotive News. Volkswagen will pay $1.6 billion (US) in Canada as part of a settlement of its diesel emissions scandal. The funds will be used to fix or buy back some 105,000 affected cars, compensate owners between $3,815 and $4,451 above the buyback price, and pay a $11.2 million civil fine. So far, VW has agreed to spend over $18 billion in North America in connection with its diesel emissions cheating, and is expected to settle on a resolution of its 3.0-liter diesel vehicles in the US soon. Read more at Hybrid Cars, or from Automotive News. Tesla is one of three finalists for the Extole Advocacy and Customer Experience Award. The award recognizes companies that turn customers into brand advocates through referral programs. In Tesla's current program, customers who buy a car using a referral link get $1,000 off the price of their car, while referring owners are awarded prizes including a signed Powerwall 2 and invitations to unveiling events. Referring owners are also entered into a drawing to win a Model S or Model X. "With a disdain for paid advertising, Tesla Motors is leading the trend of reaching new customers through existing ones," says Extole. The other finalists are Hanna Andersson and Ulta Beauty. Read more at Teslarati. Related Gallery Review: 2009 Smart ForTwo View 20 Photos News Source: Automotive News, Hybrid Cars, Automotive News, TeslaratiImage Credit: Copyright 2016 Sebastian Blanco / AOL Government/Legal Green smart Tesla Volkswagen Green Automakers Safety Diesel Vehicles Electric recharge wrapup