Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

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Thread: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

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    Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    "Detroit — A federal judge on Wednesday dismissed "with prejudice" General Motors Co.'s racketeering lawsuit against Fiat Chrysler Automobiles NV".

    More at the link...


    https://www.detroitnews.com/story/bu...er/5399970002/

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    This Judge clearly has a bone to grind, GM will appeal obviously.

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    This is final decision.

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    Probably because historically GM had been bribing the UAW as well. Just my guess
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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    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.

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    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."
    ....

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    Quote Originally Posted by mbukukanyau View Post
    This Judge clearly has a bone to grind, GM will appeal obviously.
    don't think you can appeal when it's done with prejudice

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    The judge probably had a few GM's in the 80's that left their transmissions on the highway one day after the warranty expired

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    Quote Originally Posted by bongos2u View Post
    "Detroit — A federal judge on Wednesday dismissed "with prejudice" General Motors Co.'s racketeering lawsuit against Fiat Chrysler Automobiles NV".

    More at the link...


    https://www.detroitnews.com/story/bu...er/5399970002/

    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.

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    Quote Originally Posted by dslay04 View Post
    don't think you can appeal when it's done with prejudice
    When a case is dismissed “with prejudice” - it means the case or charge cannot be refilled. The judge’s order can be appealed, and the dismissal reversed by a higher court - and remanded back for trial.

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    Quote Originally Posted by BlackGTP View Post
    The judge probably had a few GM's in the 80's that left their transmissions on the highway one day after the warranty expired
    That or that judge had once driven a Vega or a Citation.

    Btw, I posted that meme in another thread, it might be worth fitting here.


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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    Quote Originally Posted by Rumpole View Post
    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 would seem to me you have a legal background?

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    Yep. 44 years as a lawyer both inside GM and later with a law firm. I apologize for venturing too far into the weeds.

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    Quote Originally Posted by Rumpole View Post
    Yep. 44 years as a lawyer both inside GM and later with a law firm. I apologize for venturing too far into the weeds.
    I love the weeds, I have to say, it gives perspective on things

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    Re: Judge dismisses GM's racketeering lawsuit against Fiat Chrysler

    This lawsuit always seemed like a misdirection to me, while Fiatsler is trying to merge with Peugeot.
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