#HotLegalAction

As if preordained to coincide with Ford’s announcement of its electric F-Series prototype, news of a class-action lawsuit accusing the automaker of falsified fuel economy tests surfaced last night. The suit, filed on Monday in the U.S. District Court for the Eastern District of Michigan by Seattle law firm Hagens Berman, asks $1.2 billion in damages for customers it claims are overspending on fuel.

The legal action piggybacks on the Justice Department’s criminal investigation of Ford’s testing procedures for the 2019 Ford Ranger in April. However, the civil suit also ropes in the F-Series — claiming that customers could spend upwards of two grand in gas they never budgeted for.

The Supreme Court has ruled that police may order blood drawn from an unconscious person suspected of driving under the influence without a warrant. While that sounds like a possible violation of the U.S. Constitution’s Fourth Amendment, which protects against unreasonable searches, justices in support of the practice claimed individuals consent to blood tests just by being on the road.

Their rationale? Wisconsin and a bunch of other U.S. states have laws that already make this legal and there’s a national precedent allowing for exigent circumstances. But let’s start with America’s Dairyland for some background.

Like most brands focused on smaller vehicles, Mini is not faring particularly well in the United States and dealers have grown annoyed. Some have even decided to take BMW to court over its handling of the brand, including one owned by former Mini dealer council chair David Peterson.

The allegations? BMW of North America breached its dealership agreement by failing to effectively promote and develop the Mini brand as promised.

Deciding whether or not BMW is truly at fault should prove exceedingly difficult. But Mini is clearly struggling. Over a third of its annual volume goes to the Countryman — its only crossover model. The rest of its sales are broken up between the numerous variations of its iconic small car, which isn’t occupying the “hot segment” at present. With a not-so-diverse lineup and MSRPs better suited to larger vehicles, Mini’s annual sales have been dwindling since 2013 and failed to surpass 45,000 U.S. deliveries in 2018. Unfortunately, 2019 is already on track to be markedly worse.

Ignoring the personal pride associated with maintaining a vehicle yourself, disposing of motor oil is an annoying chore. While not terribly difficult, laziness sometimes gets the better of us. Why bother risking the wellbeing of your interior with dirty fluids when there’s a perfectly good storm drain nearby?

While I’ve never dumped my fluids illegally, I know the temptation. Ten coffee cans full of used motorcycle oil will do that to you and, for every receptacle filled and slid to the back of your garage, the urge to tip them grows ever stronger. But I eventually sacked up and took them to AutoZone for recycling, effectively ending my youthful act of torpid rebellion.

Unfortunately, AutoZone may have also had a problem with the competent disposal of used motor oil — and 5 million other environmentally hazardous waste items. Sounds like someone is about to “get in the zone” of a huge fine.

A Jeep Wrangler owner has accused Fiat Chrysler Automobiles of ignoring an alleged safety issue with the vehicle’s steering system; one that leads to the notorious “death wobble.”

The term is one Jeep fans are already familiar with and basically entails sudden, violent vibrations from front-end steering components, usually taking place on the highway. On Wednesday, a lawsuit filed on behalf of New Jersey resident Clair Reynolds claimed FCA delivered a “defectively designed and/or manufactured front axle and damping system” allowing for the dreaded wobble to occur after “encountering road variations” at speed.

While the National Highway Transportation Safety Administration has never issued a recall related to the issue, it’s familiar with the phenomenon and has been pressured by safety advocates to investigate since before 2012. But previous studies into the wobble found it relatively difficult to replicate, and no serious injuries have stemmed from it. Reynolds’ legal council says that doesn’t cut it.

Wells Fargo will reportedly pay customers a minimum of $386 million to settle class-action claims that the bank covertly signed customers up for auto insurance they did not want or need.

Back in the summer of 2017, the bank found itself implicated in widespread auto insurance and mortgage lending abuses. Over a year later, Wells Fargo was slapped with a $1 billion fine from the Consumer Financial Protection Bureau and Office of the Comptroller of the Currency to settle U.S. investigations into the company’s insurance and mortgage practices.

While the auto insurance plan ended in 2016, roughly 800,000 customers (or 600k by Wells Fargo’s estimates) were believed to be affected by the auto insurance issue over roughly a four-year period. For most, that meant being overcharged for insurance they didn’t need., but some customers ended up with their vehicles repossessed and their credit rating demolished, promoting the class-action suit.

Auditors attempting to assess how down and dirty Carlos Ghosn’s spending habits were have reportedly become very interested in a YouTube video of a party held at the Palace of Versailles in 2014. While the clip doesn’t showcase any cash-fueled orgies or golden idol worship, it does present a extravagant party that was supposedly paid for by Renault-Nissan B.V. (RNBV). As you might recall, Ghosn’s repeated arrests in Japan were due to the alleged “mismanagement” of alliance funds.

Ghosn’s camp maintains that the event was held for business purposes — a celebration of the 15th anniversary of the alliance, which just happened to overlap with the ousted exec’s 60th birthday. Guests reportedly included a few Renault or Nissan executives scattered among roughly 160 celebrity attendees. You can watch the video yourself and decide whether or not it’s an egregious mishandling of corporate assets.

Last week, San Jose became subject to borderline draconian street-racing laws after city council (unanimously) voted to pass legislation effectively making it illegal to even watch impromptu automotive exhibitions. However, “spectating” is loosely defined in the new law, as parties don’t have to know a race is going on to get into trouble.

Even milling around a car show before shenanigans break out is enough to earn someone a $1,000 fine and six months in jail.

The new laws give police plenty of power to break up late-night car events, plus the ability to arrest whomever they want — creating a pretty good incentive to just stay home, rather than risk getting into trouble. It also feels like overkill, and it sets an ugly precedent for punishing Californians who aren’t actively contributing to a crime.

The embattled ex-patriarch of the Renault-Nissan-Mitsubishi Alliance has posted an additional $4.5 million in bail. Beyond some new indictments regarding his alleged misappropriation of corporate funds, not much has changed regarding the case. Ghosn and his legal team continue to maintain his innocence, suggesting that Nissan orchestrated the entire ordeal as part of a industrial coup and further supported by Japanese courts that are perpetually hungry for convictions.

Unfortunately, everyone is making a pretty good case. The claims against Ghosn appear legitimate, but so do the accusations that Nissan’s entire investigation was primarily concerned with removing him from power. Similarly, Japan’s extremely high conviction rate and treatment of Ghosn have raised red flags in regard to his civil rights and whether he can expect a fair trial.

Nissan Motor Co. has pledged a donation of 100,000 euros ($112,000) for the restoration of the fire-kissed Notre Dame Cathedral in Paris. However, the company’s act of kindness is overshadowed by its rather interesting timing. Nissan’s relationship with partner Renault and the French government has grown strained since the arrest of former Alliance boss Carlos Ghosn — now back in jail after his fourth arrest and rumored to be facing indictment on new charges early next week in Japan.

Then again, the fire at Notre Dame was an extremely high-profile incident, leading to the donation of millions in charitable contributions for its repair. Where it not for the elevated tensions between the company and Renault/France, nobody would question Nissan’s motives in the slightest.

Out on bail and awaiting trial, former Nissan CEO Carlos Ghosn was arrested in Japan last week for the fourth time since November — putting the kibosh on a scheduled press conference where he promised to “tell the truth” about what’s been going on.

While Ghosn’s supposed bombshell will have to wait for another day, he did manage to get word out from prison in a personal video message to the world.

This seems like a silly public service announcement to have to make, but it’s imprudent to post videos of yourself breaking traffic laws. Beau Alan Rogel of Rankin County, Mississippi found that out the hard way after live streaming his attempt to break 180 mph in his wife’s 2017 Ford Mustang Shelby GT350.

In the midst of his feat, a viewer decided to contact police and notify them that Rogel was traveling at excessive speeds, helpfully mentioning where he could be found. The video, which he reposted on YouTube, includes the moment where he is pulled over and (understandably) denies everything he had just been explaining to his audience.

Carlos Ghosn is back in jail and a Tokyo court just approved a request by prosecutors to detain him for 10 days of additional questioning. Despite already spending 108 days in prison and scrounging up $9 million for bail a month ago, the court rejected an appeal by the former auto executive’s lawyer to set him free so he can prepare for his financial misconduct case.

This makes it Ghosn’s fourth arrest since November, and has us asking what purpose it serves.

Happy to relegate Carlos Ghosn to the past, Renault has announced its former CEO will soon leave the company’s executive board, along with Cherie Blair, wife of former British prime minister Tony Blair. Annette Winkler, the ex-head of Daimler’s Smart brand, will be proposed as the new director at the company’s annual meeting in June, according to the automaker.

The company also decided that Ghosn is not entitled to an annual retirement salary of about 765,000 euros a year due to an internal probe that identified “questionable and concealed practices and violations of the group’s ethical principles.”

Of course, Ghosn maintains he was the victim of a corporate coup masterminded by Nissan executives. The ousted exec recently claimed he’s “getting ready to tell the truth about what’s happening” over social media.

General Motors’ legal team has requested that the lawsuit filed by the United Automobile Workers, which claims that its decision to idle factories is in violation of an existing union agreement, be dismissed by a federal judge. The UAW alleges that GM sidestepped the collective bargaining agreement established in 2015 by closing plants prematurely. But the automaker has been careful to say that the facilities are being “unallocated,” claiming the union failed to adhere to the grievance arbitration procedure outlined in its contract — which forbids UAW from going to court until all other avenues have been exhausted.

The request came with a bundle of other motions, filed on March 21st, and included a request to transfer the case from Youngstown, Ohio (where the contentious Lordstown Assembly is located) to the eastern district of Michigan.