It may seem confusing but the fact that Judge Borman made the decision final and with prejudice makes his decision appealable. FCA file a motion to dismiss GM's complaint under Federal Rule of Civil Procedure 12(b)(6) which for purposes of the motion assumes that everything GM asserts in its Complaint is true but that it fails to state claims for which relief could be granted. No outside evidence is taken into account although the court can take judicial notice of facts that are uncontested general knowledge.
These motions are rarely granted and in my experience it has been the result of a poorly drafted Complaint. in such cases the Judge will usually give the Plaintiff a chance to correct the defective complaint.
This is different. GM didn't file a crappy defective complaint. Thinking back well over 40 years GM never had a complaint dismissed on that basis.
Clearly the Judge has an axe to grind. He no doubt didn't want to get into the middle of an alleged RICO claim that involved FCA in Italy and the UAW in Detroit. Bringing the GM BK into his earlier decision along with a lecture to GM that they should focus on social justice puts this way beyond anything I have ever seen.
I have little doubt GM will appeal again unless the BOD decides otherwise.
We need to stay tuned. There may be more to come.
It may seem confusing but the fact that Judge Borman made the decision final and with prejudice makes his decision appealable. FCA file a motion to dismiss GM's complaint under Federal Rule of Civil Procedure 12(b)(6) which for purposes of the motion assumes that everything GM asserts in its Complaint is true but that it fails to state claims for which relief could be granted. No outside evidence is taken into account although the court can take judicial notice of facts that are uncontested general knowledge.
These motions are rarely granted and in my experience it has been the result of a poorly drafted Complaint. in such cases the Judge will usually give the Plaintiff a chance to correct the defective complaint.
This is different. GM didn't file a crappy defective complaint. Thinking back well over 40 years GM never had a complaint dismissed on that basis.
Clearly the Judge has an axe to grind. He no doubt didn't want to get into the middle of an alleged RICO claim that involved FCA in Italy and the UAW in Detroit. Bringing the GM BK into his earlier decision along with a lecture to GM that they should focus on social justice puts this way beyond anything I have ever seen.
I have little doubt GM will appeal again unless the BOD decides otherwise.
We need to stay tuned. There may be more to come.
GM backed its case with details from convictions against former FCA executives in a union bribery scandal. While GM argued it was the victim, Borman in his Wednesday order wrote: "FCA’s UAW workers were the direct victims of the bribes because they were paid less, and GM suffered only an indirect competitive harm."
Based upon media accounts, the judge clearly did not want to do his job or oversee a trial. He ordered the heads of GM and FCA to personably meet and work out a settlement. GM appealed that order and the judge’s order was reversed. Then he dismissed the case.
There are plenty of grounds for a suit / trial - based upon the numerous federal criminal convictions obtained by the US Justice Department against FCA and UAW high ranking officials.
The dismissal is a classic case of judicial arrogance and elitism.
It would seem to me, that GM has a real case here. If you look at GM vs. Fiat UAW labor rates, you find that GM was indeed shafted.
Why did GM get the short end of the 'stick'?
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Related Threads
?
?
?
?
?
GM Inside News Forum
3.5M posts
83.7K members
Since 2003
A forum community dedicated to GM owners and enthusiasts. Come join the discussion about General Motors news, concepts, releases, classifieds, troubleshooting, maintenance, and more!