On behalf of Prevent USA Corp., McKool Smith recently defeated a motion to dismiss filed by Volkswagen AG and Volkswagen Group of America Inc. Prevent and Volkswagen have been embroiled in litigation concerning a worldwide boycott orchestrated by Volkswagen to—in Volkswagen’s own words—“destroy” and “demolish” Prevent. Chief Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas, in Marshall, Texas, denied Volkswagen's motion to dismiss the lawsuit, upholding a Report and Recommendation previously issued by Magistrate Judge Roy Payne. Chief Judge Gilstrap also rejected Volkswagen’s request to certify an interlocutory appeal.
The McKool Smith team includes Principals Sam Baxter, Jennifer Truelove, Radu Lelutiu, and James Smith.
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