#Lawsuits

Clutching dearly onto their fleet of Panthers, New York’s taxi industry is heading up to Albany to contest the $1 billion plan to replace their vehicles with Nissan’s “Taxi of Tomorrow” NV200.

Last Friday, U.S. District Judge Jesse Furman issued from his bench in the Southern District of New York an order for discovery to begin on a number of cases related to the February 2014 General Motors ignition switch recall.

In today’s digest: General Motors CEO Mary Barra returns to the Beltway with Anton Valukas in tow; GM is hit with a $10 billion lawsuit; affected families appear before Barra’s testimony; and a safety group calls the Valukas report “flawed.”

In today’s General Motors digest: Nine states are investigating the handling of the automaker’s ignition switch recall; compensation will only focus on those injured or killed; a Georgia injury claim’s transfer to New York a sign of things to come for similar claims; and a federal official saw GM’s corporate culture at work during bankruptcy proceedings, yet remained silent.

Bloomberg reports the compensation fund designed by attorney Kenneth Feinberg for General Motors will have “a relatively modest timetable to invite claimants to file their claims” once the claim period begins August 1. Feinberg also said by the end of June, he and his team will have a program “that will define who’s eligible to file a claim… what the dollars will look like for those who file,” as well as the obligations the plaintiffs will need to have “to prove their claim.” GM CEO Mary Barra added that her company won’t know the final cost of the fund “until the actual compensation has been run,” though an estimate may come at the end of Q2 2014.

Reuters reports the lawsuits filed against General Motors over its decade-plus handling of the ignition switched linked to 13 fatalities and 54 accidents will all be reviewed by U.S. District Judge Jesse Furman in the Southern District of New York, as ruled Monday by the U.S. Judicial Panel on Multidistrict Litigation. The panel determined New York to be the appropriate venue for the hearings based upon the court’s handling of the 2009 bankruptcy that allowed the automaker to shed its former self, liabilities and all. The lawsuits to be heard by the bankruptcy judge involve economic damages, suits GM wants the judge to determine if they are blocked by the liability protections established upon its exit from bankruptcy.

The Detroit News reports Kenneth Feinberg, whose services were retained by General Motors regarding compensation for victims of the out-of-spec ignition switch linked to 47 accidents and at least 13 fatalities, stated an announcement regarding compensation is “a few weeks away.” Feinberg adds that while his client may be making its own statement on the matter, “it will not include any details about a compensation plan since no such plan yet exists.” The attorney has worked on similar programs in the past, including those affected by the 2011 BP/Deepwater Horizon disaster, Agent Orange, asbestos and the attacks in New York, Pennsylvania and Washington, D.C. in early September of 2001.

Last week, the B&B learned from former General Motors CEO Dan Akerson that current CEO Mary Barra did not know about the ignition switch that has since given his old company a months-long headache. The B&B then asked if Akerson himself knew of the problem on his way to be at his wife’s side and that of his colleagues at The Carlyle Group.

Automotive News reports the answer is “No.” In a post on Forbes magazine’s blog, both he and GM chair Tim Solso claim they didn’t know about the ignition switch issues at the heart of the February 2014 recall of 2.6 million vehicles. Akerson stated that if he had known about the problem, Barra would have been made aware as he handed the reins of the automaker to her in late December 2013. Solso says he didn’t become aware until after Barra called him to let him know the bad news, having become a non-voting member of the board in the following January.

Detroit Free Press posits the endless recall parade General Motors has been leading since late February 2014 may be doing more harm than good for public perception or its bottom line. Though spokesman Greg Martin claimed the recalls were an effort to make his employer “a first-class safety organization” by focusing hard upon the consumer, a survey by AutoTrader found 51 percent of auto consumers were less confident in the industry’s overall safety record as a result of the actions by GM, up from 44 percent who thought the same five days’ earlier. In addition, the automaker will take a $400 million charge in Q2 2014 for the recalls since April 1 as of this writing, while its current stock price of $33.07 per share is a few cents above its IPO price from November 2010.

Automotive News reports General Motors is preparing to launch a belt assurance system in a number of MY 2015 vehicles later this year, including the GMC Sierra, Chevrolet Cruze, Colorado and Silverado. The system prevents the vehicle from shifting out of park until both driver and front passenger are buckled, using weight information gathered from the sensing and diagnostic module to lock the brakes and transmission until compliance is achieved. The system is currently optional, and will be provided free of charge for those who are willing to become beta testers for GM’s latest technological offering.

(Note: header image changed based on whim of E-I-C pro tem, some will understand why — JB)

Detroit Free Press reports former General Motors vice president of communications Steve Harris has been called out of retirement to help guide his former employer through the fallout of the February 2014 ignition recall crisis “for a limited time.” According to spokesman Greg Martin, Harris’ “deep background with GM and proven experience” will be of great benefit to the company. His second return the company — the first in 2006 at the request of then-CEO Rick Wagoner after leaving in 2003 — comes on the heels of successor Selim Bingol’s resignation in April of this year.

Autoblog reports another recall has been issued by General Motors, this time concerning 51,640 2014 Buick Enclave, Chevrolet Traverse and GMC Acadia crossovers screwed together between March 26 and August 15 of last year. The affected vehicles possess an engine control module whose software may provide an inaccurate fuel gauge reading, forcing the driver to pull to the side of the road should the tank prove empty instead of a quarter to empty. Owners have been asked to bring their affected crossover for a reflashing of the ECM to correct the issue.

Automotive News reports General Motors’ attorney Kenneth Feinberg met with Texas attorney Robert Hilliard at the former’s office within the Beltway to begin preliminary discussions over the claims of the latter’s 300-plus clients affected by the ignition switch recall. During the talk, no agreements were reached regarding compensation, while Hilliard viewing the first meeting as GM’s way of convincing him that it would do “the right thing” by his clients. Feinberg states he is gathering proposals for a compensation program similar to the one he orchestrated for 9/11 victims and victims of other major disasters, and should have a package ready within the next few weeks at the latest.

The Dodd-Frank Act, created in the wake of the Great Recession as means to curb the practices by financial corporations that led to the Great Recession in the first place, is now being used to go after an automotive lending company in New York for stealing from its customers.

The Detroit News reports U.S. District Judge Nelva Gonzales Ramos delivered a six-page ruling in favor of General Motors, saving the automaker from issuing a “park it now” order that would have proved costly both financially and in reputation. Had the order gone forward, it would have set a precedent that not even the National Highway Traffic Safety Administration could attempt in its limited penalty power. The attorney representing the plaintiffs in the lawsuit for the order, Robert Hilliard, may appeal.