July 6, 2009
Barring a successful appeal by some crash victims, the General Motors bankruptcy is a done deal. Over the Independence Day holiday weekend, Judge Robert E. Gerber of the federal bankruptcy court in Manhattan declared independence for General Motors from all previous liabilities. On Sunday, Gerber approved the sale of the automaker’s assets to a consortium consisting of the governments of the U.S. and Canada and a health trust owned by the United Auto Workers union. The parties were racing to beat the Obama administration’s clock of a bankruptcy and sale by Friday. The deal is expected to close on Thursday, after the judge’s four-day stay runs out.
July 2, 2009
Pity the poor used Chrysler dealer trying to peddle some pre-bankruptcy bargain with this sticker:
“WARNING This vehicle was produced prior to the date when the Chrysler bankruptcy was approved. If you buy this vehicle and are injured or killed, even if your injuries were caused by the manufacturer, you or your survivors will not be able to recover your losses by taking action against the manufacturer. If your passengers are injured or killed, even if their injuries were caused by the manufacturer, they and their survivors will not be able to recover their losses by taking action against the manufacturer.”
June 30, 2009
Opponents of Chrysler and General Motors’ bid to play the get-out-of-liability-free card scored a partial victory Friday. GM agreed to amend the terms of its bankruptcy to assume liability for future death and injury claims. The deal was reportedly hammered out late Friday between the Treasury’s auto task force, GM and more than a dozen states attorneys general.
June 23, 2009
About 3,400 individuals will die or be injured in a General Motors or Chrysler vehicle due to an automotive defect in the companies’ first year post-bankruptcy, according to a new analysis conducted by Safety Research & Strategies
SRS has released its report, Public Safety at Risk: Bankruptcies Leave Legacy of Defects, Injuries and Deaths as part of its ongoing efforts to highlight the plight of the victims of the Chrysler and GM bankruptcies. Under the terms of each automaker’s transition from their old, debt-burdened incarnations to their liability-free future entities, hundreds of pending death and injury claims will be eliminated. But the latent – and in some cases, well-known, but never resolved – automotive defects will continue to manifest themselves in the 40 million GM and Chrysler vehicles built before Chapter 11, which remain in the U.S. fleet.
June 22, 2009
The states have begun to clamor for their rights in the dissolution of the old General Motors, filing a joint objection to the bankruptcy provision allowing the automaker to eliminate tort claims.
Following the path set by the Chrysler bankruptcy and sale to Fiat, GM has sought protection from liability claims for deaths and injuries that occur in vehicles manufactured before the bankruptcy. Eight states attorneys general, from Connecticut, Kentucky, Maryland, Minnesota, Missouri, Nebraska, North Dakota and Vermont filed an objection with the U.S. Bankruptcy Court in New York on Friday. Illinois, California, Kansas and Ohio have joined the objections.
June 12, 2009
A bipartisan coalition of the 20 U.S. Senators comprising the Committee on Commerce, Science and Transportation has written to Chrysler and General Motors urging the ailing automakers to back off of some of the more Darwinian features of their bankruptcies. Separate, but essentially identical, letters to James Press of Chrysler LLC and GM CEO Fritz Henderson raised questions about the fates of terminated dealerships and the technicians trained specifically to service their products. The letters also defended consumers, demanding answers to the companies’ provisions for providing access to rural customers and to their planned walk-away from the victims of defects.
June 4, 2009
Government Motors – I mean – General Motors is doubling down on 363. That’s the magical section of the Chapter 11 bankruptcy code that allows filers to keep the good stuff and discard all the ick – one of the key pieces being liability for harm caused by defective products.
May 29, 2009
SRS President Sean E. Kane hailed the California state assembly vote yesterday on AB496 Tire Disclosure Age bill, which cleared the state assembly, 48-21. The bill requires retail tire dealers to disclose the age of a tire to consumers in writing before the sale or installation of a tire. Along with the tire age, dealers must provide the following statement about the increased hazards of aged tires:
The California Tire Age bill passed the state assembly yesterday 48-21 and that loud pop you may have heard was the sound of the Rubber Manufacturer’s Association’s head exploding.
While it wasn’t as good as a rant as one from the Tire Industry Associations’ Roy Littlefield, the immediate response from the tiremakers trade group wasn’t far off (RMA Press Release). Dan Zielinski, RMA senior vice president of public affairs, panted about the bill’s proponents using “fear-mongering to allege that tires reaching a certain chronological age are dangerous.”
May 21, 2009
The American Association for Justice and consumer advocates are planning a full court press at today’s hearing before the full House Judiciary Committee on the Chrysler bankruptcy proposal. The groups are fighting to change one of the more egregious provisions. Under the terms that the federal government is advocating, the new and improved post-bankruptcy Chrysler would leave all those pesky plaintiffs and vehicle owners seeking compensation for the manufacturers’ defective products in the rear-view mirror. The company would honor warranties and be responsible for recalls, but anyone injured before the bankruptcy would be yanked out of the line of debtors.