Category: Law and Order

By Edward Niedermeyer on August 14, 2009

The Freep reports that Chrysler bankruptcy judge Arthur Gonzalez has given creditors permission to sue Daimler for diverting $9 billion from the automaker two years ago. Gonzalez only put one restriction on the suit: creditors may not use government funds for the effort. According to the Freep report, the suit is being brought by “AutoNation Inc., the nation’s largest auto retailer; DARCARS Imports Inc., a Maryland-based dealer group, the UAW and two people with personal injury cases pending against Chrysler.” What we still don’t understand is exactly which “important assets” Daimler allegedly stripped, and how they were worth $9 billion. The allegations have apparently been redacted to the point that they are not identifiable, and Daimler asserts the claims are “without merit.” Since Daimler is already out over $37 billion on its Chrysler misadventure, it could be hard to prove that Daimler benefited from any aspect of the transaction.

By Edward Niedermeyer on August 5, 2009

Automotive News [sub] reports that Chrysler’s unsecured creditors have requested permission to sue Daimler for gutting Chrysler’s “most valuable assets” during its sale of the company. The request alleges that “unidentified assets” were lost in Daimler’s 2007 sale of Chrysler to Cerberus Capital Management, for which creditors are seeking $3 billion in compensation. If granted, the damages would eclipse the $2 billion granted to secured debtors during Chrysler’s bankruptcy sale. “This is completely without merit and we intend to defend ourselves vigorously,” say Daimler spokespeople, and we can’t help but feel that they have a point. What mythical assets were present for Daimler to squirrel away by the time they sold to Cerberus? Did Daimler mismanage Chrysler? Sure. Did they loot assets? For that to happen, there would have to have been valuable assets in place to begin with. Best of luck with that, Chrysler creditors.

By Edward Niedermeyer on July 2, 2009

As evolutionary as the changes to Toyota’s third-generation Prius may seem on the surface, beneath the familiar sheetmetal lurks enough new technology to justify over 1,000 new patents. The Wall Street Journal reports that through three generations of the Prius, Toyota has generated over 2,000 patents on hybrid technology, half stemming from the latest generation alone. Toyota’s hybrid patent filing nearly doubles the number filed by Honda, its closest hybrid competitor. And the WSJ casts this “thicket of patents” as Toyota tightening its stranglehold on the hybrid market.

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By Edward Niedermeyer on June 22, 2009

There’s a nasty, drag-out fight going on between current Tesla Chairman and CEO Elon Musk and his predecessor, Martin Eberhard, over who deserves credit for birthing the electric roadster. Musk has posted a lengthy defense of his position at the Tesla Motors blog, and according to him, Eberhard is the bad guy. Lots of e-mails attached. Ugly stuff.

By Edward Niedermeyer on February 6, 2009

According to SEMA, legislation has been introduced in the Oregon House of Representatives at the request of Governor Ted Kulongoski to ban aftermarket parts if alternatives are available that “decrease greenhouse gas emissions from motor vehicles.” In reality, Oregon H.B. 2186 (pdf) merely states that the “Environmental Quality Commission may adopt by rule the following to help this state achieve the greenhouse gas emissions reduction goals.” The specific option that SEMA is steamed about states that “Restrictions and prohibitions on the sale and distribution of after-market motor vehicle parts, including but not limited to tires, if alternatives are available that decrease greenhouse gas emissions from motor vehicles,” may be enacted.

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By Robert Farago on January 30, 2009

Now that President Barack Obama has decided to let California raise America’s fleet-wide fuel economy regs to something like a 42mpg average, the automakers are howling with righteous idignation. Not. How could they? Not only would that be impolite to the incoming adminstration, environmentalists, the Democratic party and mother Earth, but GM and Chrysler are now more-or-less owned by the same federal government that just told CA to go for it. The New York Times dusted off ye olde “greedy American automakers are dragging their heels over higher mpg vehicles” template, but really, their heart just isn’t in it. But you’ve gotta give the Gray Lady credit for digging up a least one hysterical Neanderthal. Yes, it’s our old pal David E. Cole, whose Center for Automotive Research (CAR, geddit?) created the widely-quoted and entirely specious study that justified the Motown bailout buffet in the first place (if they go down, 42b workers will hit the soup lines). You can guess what David said, but it’s still fun to read. And wait ’til you don’t hear what Detroit doesn’t say…

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By Edward Niedermeyer on January 20, 2009

Or so argues a study from Science Daily (via The National Motorists Association). Thomas Garrett, assistant vice president at the Federal Reserve Bank of St. Louis, and Gary Wagner from the University of Arkansas Little Rock, looked at revenue and traffic citation data from 96 North Carolina counties collected from 1990 to 2003.. Their conclusion is that as the economy weakens, local governments seek to replace lost tax revenue with increased traffic tickets. “There is ample anecdotal evidence that local governments use traffic tickets as a means of generating revenue,” wright Garrett and Wagner. “Our paper provides the first empirical evidence to support this view.” How? According to the data, “a one percentage point decrease in last year’s local government revenue results in roughly a 0.32 percentage point increase in the number of traffic tickets in the following year.” Though they admit that the numbers seem small, Garrett and Wagner call them “statistically significant,” noting that they controlled for demographic and economic differences in the sample. The study will be published in the Journal Of Law And Economics, and will shock readers who haven’t read TTAC’s coverage of the ongoing speed camera nightmare.

By Bertel Schmitt on November 14, 2008

Yesterday, we reported that the European Commission threatened to drag Germany in front of the European High Court again– if Germany dares to pass a revamped Volkswagen Gesetz (VW Law.) Yesterday evening, the German parliament flipped a whole aviary worth of birds in the direction of Brussels, and passed the face-lifted law with an overwhelming majority. Result for the time being: VeeDub’s soon majority-owner Porsche will have to kowtow to the state of Lower Saxony, owner of a paltry 20.1 percent of the shares. Porsche must ask for their OK on major issues. On one issue, Porsche doesn’t even need to ask. Lower Saxony will say “nein, nein, nein” to Porsche booking VW’s profits as theirs. Und now European Trade Commissar Charlie McCreevy will file papers “before Christmas,” and the contemptuous Bundesrepublik Deutschland will face the judges of the European High Court. Again. The court will rule (anybody guess how?) Germany will have to implement the wishes of the court again (anybody guess whether they will?) The never-ending saga continues. In the meantime…

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By Samir Syed on November 13, 2008

Last year, Premier Jean Charest’s fellow Québécois faced the worst winter the Province had seen in over five decades. So he directed his government to make winter radial tires mandatory. From December 15 until March 15, snow shoes for you, eh? Two weeks ago, I spoke to a mechanic in Nashua, New Hampshire who lamented a shortage of winter tires. New Hampshire being almost Canada, I should have twigged. Then, two days ago, a Montreal tire shop was burned to the ground in what the Montreal Gazette called a “supicious tire fire.” Still didn’t click. Finally, the Canadian press put two and two together for me, declaring that Quebec’s winter tire law is causing a shortage and, c’est vrai, a tire war in the province. This being the first year such a law has been in place for any Canadian province, the demand for tires in Quebec has inevitably led to shortages in neighboring provinces and bordering U.S. states. In case anyone in the Northeast needs winter tires for a Ford Mustang, I happen to have a pair that I’d part with for, say, $20b dollars. U.S.

By Bertel Schmitt on November 13, 2008

A few days ago, Porsche’s Wendelin Wiedeking sent a letter to Germany’s parliamentarians, urging them to say “Nein” to Chancellor Angela Merkel. According to Braunschweiger Zeitung [via Automobilwoche sub], Wendy was not what you’d call enamored with a new version of the “Volkswagen Gesetz” (VW law). That’s the legal power bestowed upon The State of Lower Saxony to control VeeDub– despite the State’s [now] relatively measley 20.1 percent holding. Last year, the European Court struck down the law– in the interest of free trade, Mutter and Apfelkuchen. The ruling opened the door for Porsche to ride to the rescue of VW, supposedly shielding VW from gang-rape at the hands of Kirk Kerkorian, Cerberus and a RICO of takeover-artists. And yet Berlin has no plans at all to scuttle the Volkswagen Gesetz. Porsche can own as much of VW as they want. With the law on the books, Porsche can’t fight the power from Hannover or Berlin.

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