Managing Automotive

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Managing Automotive

Litigation

Industry Interests, Litigation
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Arent Fox Secures Precedent Setting Victory on Behalf of Maserati Dealers

New York, NY - Earlier this week, Arent Fox LLP secured an important decision on margin and bonus programs for Maserati dealers in New York. The Arent Fox team argued before Administrative Law Judge Walter Zulkoski of the New York Department of Motor Vehicles, who ultimately granted in all aspects the firm’s motion for partial summary judgment. 
 

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Industry Interests, Litigation
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Uber judge warns not to expect ‘get out of jail free card’

Alphabet Inc.’s Waymo says Uber Technologies Inc. is stonewalling -- and a judge said he agrees that the ride-hailing company’s explanation isn’t a “get out of jail free card.” Lawyers for Waymo told a San Francisco federal judge that Uber is violating an order to turn over files and documents that it says were stolen by engineer Anthony Levandowski. Levandowski left Waymo last year and is head of Uber’s driverless car project. U.S. District Judge William Alsup told Uber’s lawyer that the company will face a court order -- perhaps one barring Levandowski from working at Uber’s driverless unit until the lawsuit is resolved -- if all it can show is that it doesn’t have the files taken by Levandowski.

[Bloomberg]

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Industry Interests, Litigation
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VW's $1.2B 3-Liter Emissions Deal Gets Hearty Approval

A California federal judge rewarded attorneys with Valentine's Day flowers and the preliminary approval of a class action settlement worth at least $1.22 billion concerning 80,000 3.0 L Volkswagen cars implicated in the automaker's emission cheat scandal.

U.S. District Judge Charles Breyer also gave his initial blessing Tuesday to a $372.5 million deal between drivers and parts manufacturer Robert Bosch GmbH for the auto parts manufacturer’s role in designing the emissions cheat software.

[Law360]

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Industry Interests, Litigation
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Litigator of the Week: An Exceptional Carve-Out in VW Litigation

Arent Fox partner Russell McRory led the team that negotiated an exceptional carve-out settlement on behalf of Volkswagen dealer, Palisades Volkswagen, within the nationwide VW dealer diesel scandal class action settlement – the largest ever of its kind.  On January 23 the court approved a modified settlement carving out Palisades’ claims from the class action settlement regarding the diesel scandal. This is a win not just for Palisades, but for all VW dealers holding non-diesel related claims against VW.

As a result of this great win, Russell was named "Litigator of the Week" by The AmLaw's Litigation Daily.

 

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Litigation
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Arent Fox Negotiates Exceptional Carve-Out Settlement on Behalf of Volkswagen Dealer

New York, NY – Arent Fox LLP is pleased to announce that the firm negotiated an exceptional carve-out on behalf of Volkswagen dealer Palisades Volkswagen in a nationwide VW dealer diesel scandal class action settlement – the largest ever of its kind.

On January 23 the court approved a modified settlement carving out Palisades’ claims from the class action settlement regarding the diesel scandal. This is a win not just for Palisades, but for all VW dealers holding non-diesel related claims against VW.
 

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Industry Interests, Litigation
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Takata agrees to plead guilty, will pay $1 billion for hiding air bag defect

Takata Corp. has agreed to plead guilty to a single criminal charge and will pay $1 billion in fines and restitution for concealing a deadly defect in its air bag inflators.

The U.S. Attorney's Office in Detroit announced the plea deal on Friday.

Takata will pay a $25 million criminal fine, $125 million to individuals who were injured by the air bags and $850 million to automakers that purchased the inflators. The U.S. district court in Detroit has appointed attorney Kenneth Feinberg to distribute restitution payments.

[Los Angeles Times]

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Industry Interests, Litigation
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Arent Fox Partner Russell McRory Mentioned in Article About Dealer Beating GM in Battle Over Franchise Agreement

Posing a threat to the practice of punishing car dealerships for sales numbers perceived as low, the Second Circuit on Thursday ruled for a plucky Yonkers franchise that sued the auto giant.

Beck Chevrolet operated just off the Major Deegan for more than half a century until GM’s system for judging dealerships — known as the Retail Sales Index — almost forced the company to close up shop.

The system divides a dealer’s actual total retail sales during a time period by the expected sales.

[Courthouse News]

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Industry Interests, Litigation
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Maine decision interpreting dealer franchise law

The Maine Supreme Judicial Court handed down a decision on Tuesday, November 29 where Ford Motor Company will end up owing a dealer in Maine (and any other dealers in Maine with similar claims) millions in damages for unilaterally terminating a dealer incentive program without providing proper notice under state law.

Read the decision here.

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Industry Interests, Litigation
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Judge ‘Strongly Inclined’ To OK $10B VW Diesel Deal

A California federal judge said he’s “strongly inclined” to grant final approval to a $10 billion deal with owners of Volkswagen diesel vehicles in multidistrict litigation over the company’s emissions cheating scandal, in spite of objections during a hearing Tuesday, adding he’ll issue his decision by Oct. 25.

[Law360]

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Industry Interests, Litigation
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Fiat Chrysler Hit With Investor Suit Over Inflated Sales

Fiat Chrysler Automobiles NV was hit Monday with a putative shareholder class action filed in Michigan federal court alleging the automaker inflated its monthly vehicle sales figures and made false statements in violation of the Securities Exchange Act.

The suit was brought by Odus Ross, an investor who purchased Fiat Chrysler shares during the proposed class period between Oct. 16, 2013, and July 18, 2016. The suit alleges the company and its executives made a string of false statements regarding its monthly sales numbers and falsely claimed “record-setting consecutive U.S. monthly vehicle sales growth.”

[Law360]

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.