Darren Berry, et al. v. Volkswagen of America, et al.

In May 2010, our client Volkswagen settled a class action case involving allegedly defective window regulators (on certain models windows would spontaneously fail, becoming stuck and sometimes slipping down). Plaintiffs demanded approximately $40 million based on out-of- pocket damages and a “Benefit of the Bargain” theory. Compass Lexecon expert Janusz Ordover testified at deposition that the correct reasonable damages were approximately $900,000. The parties settled on terms where VW is estimated to pay out an amount less than Professor Ordover’s damages estimate. Compass Lexecon worked with Jeffrey Chase and Daniel Gsovski of Herzfeld & Rubin, P.C. Bradley Reiff and Wendy Petropoulos of Compass Lexecon’s Chicago office worked with Professor Ordover.