#HotLegalAction

Colorado has been considering allowing automakers to sell electric vehicles directly to consumers, but pushback from dealerships complicated things. Senate Bill 167 was intended to level the playing field against Tesla, which already engaged in direct sales, by opening up the door for rival electric vehicle manufacturers to similarly bypass the dealership model.

However, dealer groups noticed the language in the bill effectively permitted any automaker producing EVs to engage in direct sales, Naturally, they cried foul. The bill had its final legislative hearing on Monday, and its new language identifies a difference between a legacy automaker with existing storefronts and EV firms without them.

The former leader of Uber Technologies’ self-driving unit, Anthony Levandowski, filed for Chapter 11 bankruptcy on Wednesday, and it looks to have something to do with the $179 million he’s legally obliged to pay Google. A San Francisco County court decreed the same day that Anthony needs to pay out in order to settle his contract dispute.

In December, it was ruled that Levandowski and Lior Ron violated their agreement with Google when they left the company to start Otto — a rival autonomous vehicle company focused primarily on commercial trucking. Uber purchased Otto in 2017 but Google’s self-driving arm (which evolved into Waymo) claimed Levandowski violated intellectual property laws by stealing trade secrets it owned for Uber. While Ron decided to pay $9.7 million to settle with the tech firm, Anthony held out. He also faces a federal indictment over the alleged intellectual property violation.

Japanese Deputy Justice Minister Hiroyuki Yoshiie reportedly traveled to Lebanon this past weekend in an attempt to convince Carlos Ghosn to give up his life on the lam and head back to Tokyo to stand trial. Considering the defamed automotive executive fled the country because he was positively convinced this would end in a conviction, we probably won’t need to issue any follow-up reports about how the meeting ended.

Ghosn has repeatedly stressed his belief that Japan aided Nissan in ousting him from the company and has no interest in giving him a fair trial — calling it a “hostage justice” system.

Of course, all the real negotiating will be done by proxy through Lebanese Justice Minister Albert Serhan, with the pair scheduled to meet on Monday. Ghosn won’t actually be in attendance, but you had better believe he’ll be interested in the play-by-play recap. With his mind already made up on the matter, Japan will need to focus on persuading Serhan.

German consumer group VZBV has reached an agreement in its class-action lawsuit against Volkswagen over the use of illegal software intended to cheat emissions testing. The settlement amounts to 830 million euros (roughly $912 million USD). While not nearly as sizable as what U.S. customers received in their settlement, it’s what VW believes its European customers deserved. Citing a breakdown in negotiations with VZBV earlier this year, the automaker said it was willing to offer €830 million and wasn’t interested in shelling out any extra for litigation attorneys who allegedly wanted €50 million for handling the case.

The manufacturer seems to have gotten its way, though we doubt VW considers shelling out another billion to handle a five-year-old scandal a major victory.

Michael Grimes, former executive assistant and board member of the UAW-GM Center for Human Resources, was sentenced to 28 months in prison Wednesday after being convicted of money laundering and wire fraud.

While the sentence could have been longer, prosecutors reportedly asked for leniency due to Grimes’ cooperation with the broader investigation. Initially pushing for about four years of jail time, they eventually toned the recommendation down to just two. U.S. District Judge Bernard A. Friedman acknowledged the defendant’s usefulness in helping federal authorities sniff out more union and industry corruption, then decided to stick him with an extra couple of months to send a message.

Volkswagen has had to spend mountains of money since being caught using illegal software to hide excessive diesel pollution during regulatory testing five years ago. As if millions of vehicle buybacks and repairs weren’t costly enough, VW also had to contend with billions of dollars in regulatory fines and countless consumer lawsuits — and the hits keep on coming.

While the United States enacted swift justice upon VW, Europe has been slower to take action. That, in addition to EU laws making it much more difficult for class-action suits to get off the ground, meant Europeans received nothing as VW’s American customers saw checks cut to the tune of $20,000 apiece. Germany has only allowed class-action lawsuits since 2018, providing an opportunity for Volkswagen to continue playing legal hardball. But it’s been backpedaling all across Europe.

Citing a breakdown in negotiations with German consumer association VZBV, which was attempting to reach a settlement deal for German customers attached to its class-action suit, the automaker said Friday it is willing to offer €830 million (about $899 million).

The United States Department of Justice has ended its investigation into Ford, Honda, Volkswagen, and BMW over a presumed antitrust violation stemming from a deal they made with California to adhere to regional emission rules. Their agreement technically circumvents the current administration’s plan to freeze national emissions and fuel economy standards — established while President Obama was still in office — at 2021 levels through 2026. Under the California deal, the automakers promised to comply with pollution and gas mileage requirements that are more stringent than the federal standards suggested in the rollback proposal.

But the probe also looked like retaliation from the Trump administration against automakers publicly siding with the state causing the most trouble in the gas war. Under the deal, the automakers promised to comply with pollution and economy requirements that are tougher than proposed federal standards. Despite the corporate promise being as empty as an Oscar speech, it was still an affront to the current administration’s efforts to tamp down lofty efficiency targets put in place just days before it came into power.

While the Justice Department hasn’t explicitly said why it closed the investigation, it’s presumed that it simply didn’t find anything that it felt violated antitrust laws. California Governor Gavin Newsom said on Friday that he wasn’t surprised by the decision, stating that the “trumped-up charges were always a sham, a blatant attempt by the Trump administration to prevent more automakers from joining California and agreeing to stronger emissions standards.”

Internationally wanted fugitive and former automotive executive Carlos Ghosn has reportedly teamed up with Michael Ovitz, founder of Creative Artists Agency and ex-president of Walt Disney, to handle the movie or miniseries that’s definitely going to be made about his flight from Japan.

Ghosn could probably use the money, as he’s accustomed to the finer things in life. He forfeited $15 million in bail money when he skipped town, plus whatever it costs to hire an elite team of mercenaries to smuggle you halfway around the world.

Tokyo prosecutors have issued warrants for the arrest of Carlos Ghosn and three Americans they claim helped him escape the country in December. His surprise arrival in Lebanon initially befuddled Japanese authorities, prompting the country to file a red notice with Interpol before releasing the latest warrant.

While a new development in the Ghosn saga, it doesn’t change much. The former executive still faces charges of financial misconduct stemming from his tenure with Nissan, but he now finds himself charged with violating Japan’s Immigration Control Law.

Japan’s take is that Ghosn fled the country to avoid justice (a backwards version of his own view). The former automotive executive and his wife, who is also wanted in Japan, have both stated publicly that they believe the country’s legal system would never allow Ghosn a fair trial, claiming officials worked with Nissan to help enact the industrial-grade coup that removed him.

Ford Motor Co. has agreed to settle a class-action lawsuit with almost 2 million owners and former owners of Focus and Fiesta models equipped with the now infamous six-speed dual-clutch PowerShift transmission. Internally referenced as the DSP6, the unit was a known problem prior to installation. Last year’s scathing report in the Detroit Free Press showed its dark history in gory detail, indicating the automaker had painted itself into a corner and ignored warnings from both engineers and legal advisors not to use the DSP6.

Complaints of vehicles shuddering and stalling, bizarre delays between gear changes, and even full-blown failures to go into gear began streaming in — leaving Ford to pick up the pieces and attempt to downplay the failure as much as possible. Unfortunately, more engineers came forward to bash the transmission over its development and implementation. Johnny-on-the-spot for the topic, the Detroit Free Press recently reported that Ford agreed to settle — with one of the lawyers brokering the deal saying the payout could exceed $100 million.

We’ve also learned how much money Ford spent repurchasing defective vehicles through a voluntary arbitration program conducted during the legal appeal. Court documents state the company bought back 2,666 vehicles for around $47,500,000 between October 2017 and December 2019.

On Wednesday, the U.S. International Trade Commission (ITC) said it will review an administrative law judge’s initial determination, made in November, that Mahindra’s Roxor looks suspiciously like a Jeep product.

Fiat Chrysler Automobiles filed a trade complaint with the ITC in 2018, claiming the Roxor infringes on Jeep’s “trade dress” — a term used to identify trademarked images or general appearance of a product. Not quite a patent, it exists on the fringes of intellectual property laws, frequently making trade dress issues difficult to navigate.

The judge’s recommendation was that regulators issue a cease-and-desist order and prohibit any Mahindra vehicles or parts that infringe from entering the country. Meanwhile, the commission is still in the midst of its own investigation — which opened in September of 2018 — and now estimates finishing its inquiry by March 20th.

From there, the U.S. Trade Representative would have two months to make a final determination. Of course, now that Mahindra has updated the look of the 2020 Roxor (below the break), the whole issue could be moot.

Earlier this month, two GM engineers were arrested in Bowling Green, Kentucky for illegally street racing the new 2020 Chevrolet Corvette. Three Stingrays were present, but only two of the men were caught breaking the law. Kentucky State Police stopped Alexander Thim and Mark Derkatz on January 8th, on Lovers Lane in Bowling Green, for exceeding the road’s 45-mph speed limit.

Thim was busted doing 120 mph while Derkatz settled on a nice, round 100 mph, according to local outlet WNKY. However, even 26 mph over the limit would be enough to haul them into custody and set court dates that could end in a suspended license. It seems the two men were also fired from General Motors for hooning the mid-engined C8 before the general public was provided the opportunity.

Carlos Ghosn‘s daring escape from the physical boundaries of the Japanese legal system has already been entered into the annals of automotive history and filed under “legendary” status. Guilty or not, the former Nissan executive outdid most Hollywood heist movies by sneaking out of the country while still under government supervision. Nobody in the media can help themselves from discussing it, not even this outlet.

However, he’s far from being free. He’s still wanted in Japan for alleged financial misconduct and the International Criminal Police Organization (Interpol) has issued a Red Notice — which is a global bulletin for authorities to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. Hopefully he’s famous enough for cops to identify from memory, as Interpol neglected to issue an accompanying photograph of the man.

Over 200 investors are seeking 900 million euros in damages over claims that Mercedes-Benz parent Daimler failed to disclose the use of emissions cheating devices similar to those that got Volkswagen into trouble back in 2015. This isn’t the first time the issue has come up. German prosecutors claimed nearly 690,000 Mercedes-Benz vehicles came equipped with rigged exhaust gas after-treatment systems and Daimler was slammed with a €870 million ($960 million) fine over the negligent violation of European clean air standards in the fall.

Those who invested into the firm are hoping to recoup losses from the scandal after the automaker’s share price shat the bed. Lawyers repressing the investors are seeking compensation after Daimler’s stock fell from €90 a share fall to approximately €60 in 2018, once German regulators began formally accusing the automaker of trying to circumvent emission rules.

Tokyo prosecutors issued an arrest warrant for Carlos Ghosn’s wife Carole on Tuesday for allegedly lying during testimony. While Japanese authorities have also speculated that she may have helped orchestrate the movie-like escape of her husband from the island nation, something Mr. Ghosn proactively denied, she’s only officially charged with perjury.

The warrant accuses Carole Ghosn of having falsely denied knowing or meeting individuals tied to the company who received payments from Nissan Motor before funneling a portion of those funds to a firm owned by her husband — which is one of the reasons why he was arrested in the first place.