Report: Daimler to resume French sales per court ruling

Filed under: Europe, Government/Legal, Safety, Mercedes-Benz, Luxury

Mercedes-Benz badge

France’s highest administrative court said yesterday that authorities must resume registering Daimler vehicles, which were formally banned in late July, Automotive News reports, even though they are still equipped with R134a air-conditioning refrigerant.

The refrigerant is illegal in the European Union and is the reason for this legal battle, which has restricted the registration of Mercedes-Benz A-, B-, CLA- and SL-Class vehicles in France. But it turns out that the French government’s use of an EU “safeguard” provision to ban registration of the Mercedes-Benz vehicles, which allows countries to block sales of vehicles that would “seriously harm the environment,” wasn’t justified. Why? Because the use of R134a doesn’t appear to be an immediate danger to the environment, the Paris-based court said.

The new chemical, R1234yf, was made the EU’s standard for a/c systems because it emits fewer greenhouse gases into the environment. Daimler says it continues to use R134a because it found R1234yf to be flammable in testing. The German automaker also argues that approval of the use of R134a by the German Federal Motor Transport Authority (KBA) should be good enough permission for it to sell cars in Europe.

The current state of the situation prompted Daimler to say it expects French authorities to start registering its vehicles tomorrow.

Daimler to resume French sales per court ruling originally appeared on Autoblog on Thu, 29 Aug 2013 13:29:00 EST. Please see our terms for use of feeds.

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Report: Court puts kibosh on apartheid lawsuit against Ford, Daimler

Filed under: Government/Legal, Ford, Mercedes-Benz

Ford and Daimler logosFord and Daimler have scored a major victory in a long-running lawsuit filed in US federal court by unnamed South African nationals. The suit alleges that both manufacturers and their subsidiaries sold their vehicles to the South African military, despite knowing that they’d be involved in violently putting down anti-apartheid protesters.

According to Reuters, South African plaintiffs filed the case under the 223-year-old Alien Torts Statute, a law which allows foreign nationals to file charges in US courts for perceived breaches of what was originally international law, but now more closely relates to violations of human rights.

And while the case – which also involves computer manufacturer IBM – has been tied up in federal courts for years, a recent case from the Supreme Court struck down a similar suit against Royal Dutch Petroleum (Shell), arguing that the ATS doesn’t apply to corporations or to conduct if it occurred outside the US. In short, the law applies to individuals, but not corporations like Ford or Daimler. A US appeals court ruled that the conditions apply in this case, potentially drawing this long-running saga to a close, as the defendants will now be allowed to request that the case be dismissed in district court.

Court puts kibosh on apartheid lawsuit against Ford, Daimler originally appeared on Autoblog on Thu, 22 Aug 2013 16:40:00 EST. Please see our terms for use of feeds.

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Report: Court upholds pension cuts to 100 retired GM execs

Filed under: Government/Legal, GM, Earnings/Financials

ARCHIV: Das Logo von General Motors und ein blaues Lichtband zieren das Renaissance Center in Detroit (Foto vom 08.06.11).

100 retired executives from General Motors will soldier on with smaller pensions after a trio of judges in the Sixth Circuit Court of Appeals in Cincinnati, ruled in favor of the automaker. The dispute stemmed from the requirements made by the Obama administration as part of GM’s bankruptcy and restructuring, according to a report from The Detroit News.

The gist of the suit is that the former execs thought their pensions were being calculated one way for the purpose of the cuts, while the automaker was actually counting a different way, with GM factoring in a salaried retirement plan into the executive retirement plan. The judges in the appeals case sided with a 2011 ruling by US District Court Judge George Caram Steeh.

One of the conditions for the bailout was that GM needed to trim all executive pensions worth over $100,000 per year by up to two-thirds. Not surprisingly, some execs weren’t pleased about this. As The Detroit News notes, former CEO Rick Wagoner saw his pension fall from $20 million to $8.5 million.

According to The News, trimming the pensions of the top executives alone saved $221 million per year, while overall pension and health care cuts added up to $4.6 billion in savings.

Court upholds pension cuts to 100 retired GM execs originally appeared on Autoblog on Thu, 08 Aug 2013 16:01:00 EST. Please see our terms for use of feeds.

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Report: Court ruling to delay Fiat’s Chrysler buyout?

Filed under: Government/Legal, Fiat

Fiat logo

We’ve already reported on the attempts of Fiat to purchase the remaining 41.5-percent stake in Chrysler, currently owned by the United Auto Workers’ VEBA healthcare trust. And while the issues still aren’t resolved, Fiat has received both a bit of good news and a bit of bad news from a Delaware judge.

The good news is that the court ruled in favor on two key arguments of Fiat’s, relating to what is a fair price for the Chrysler shares. The rulings essentially slash half a billion dollars off the price of the 54,000 shares owned by VEBA, according to a report from Reuters.

The bad news is that this makes the UAW an even more difficult opponent in negotiations. Its VEBA fund is meant to cover ever escalating retiree healthcare costs, so naturally, the UAW wants to get as much money as possible. Losing a big chunk of cash isn’t likely to make the union more cooperative.

In the end, it looks like it’s going to come down to one of two options. The rulings could encourage the two to settle matters out of court, which would likely be the fastest and most beneficial for all parties involved. The alternative is a 12- to 18-month trial, in which Fiat needs to prove that its offering for the VEBA shares is fair, while the UAW needs to convince the court that it requires a certain degree of funds to cover its healthcare obligations. We’ll keep you updated.

Court ruling to delay Fiat’s Chrysler buyout? originally appeared on Autoblog on Thu, 01 Aug 2013 13:28:00 EST. Please see our terms for use of feeds.

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Report: Man beats ticket on dashcam evidence, takes town to court [w/videos]

Filed under: Government/Legal

Vermont police pull over Rod MacIver

Rod MacIver wanted justice after being wronged by his local police department. He was pulled over and cited for running a red light, despite the officer’s dashcam video clearly shown that he hadn’t. When the matter went to court, the judge, after viewing the footage, threw the case out and dressed down the officer, Jason Lawton.

MacIver isn’t through, though, taking the matter to small claims court over the time and effort involved in beating his original ticket. Looking for $2,000 in damages, the 56-year-old resident argues that the department’s default attitude “was dishonesty in every encounter.”

With his day in court scheduled and Judge Samuel Hoar “looking forward to” the proceedings, neither the officer, his sergeant nor a department administrator were to be found. Only the Shelburne Police Department’s lawyer, Colin McNeil, showed up in court. Arguing that the burden of proof was on MacIver, the lawyer argued that the officers didn’t need to attend the proceedings (no joke, they were across the street at a coffee shop – insert donut jokes in three, two, one…), meaning the matter was set aside for a future date. While the matter still isn’t resolved, Judge Hoar informed McNeil that “it would be a mistake” for the officers to miss the next hearing, according to a report from WCAX.

Take a look at the full video below and the news report, and let us know what you think. Was there any reason for pulling MacIver over?

Continue reading Man beats ticket on dashcam evidence, takes town to court [w/videos]

Man beats ticket on dashcam evidence, takes town to court [w/videos] originally appeared on Autoblog on Tue, 30 Jul 2013 14:57:00 EST. Please see our terms for use of feeds.

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Report: French court lifts registration ban on Mercedes with contested refrigerant

Filed under: Europe, Government/Legal, Safety, Mercedes-Benz

The brief alphanumerics R134a and R1234yf are codes for a growing battle between carmakers, states and the EU. The air-conditioning refrigerant R134a has been banned by the EU for being too damaging to the environment, with R1234yf mandated as its replacement. Daimler and Volkswagen say that in their own studies, though, R1234yf can be more dangerous in an accident, potentially starting fires and releasing poisonous hydrogen fluoride gas.

Daimler received dispensation from the German motoring authority KBA to continue using R124a and has refused to put the new refrigerant in its cars, and took that national approval as a European-wide mandate. That has led to France refusing to register all Mercedes-Benz A-, B- and SL-Class vehicles in France that were manufactured after June 12 and filled with the now-banned refrigerant.

In a small victory for Daimler, Reuters reports that a French court decision has lifted the ban on registrations pending a 10-day reexamination of the order. It gives France’s environment ministry a period to decide whether to keep the ban in place and return to court to fight for it; it does not, however, require the French authorities to begin registering Mercedes cars. While Mercedes waits to resume sales in France, which could begin again in ten days if France doesn’t fight, the EU is threatening Germany with consequences if it refuses to adhere to the federal mandate.

French court lifts registration ban on Mercedes with contested refrigerant originally appeared on Autoblog on Fri, 26 Jul 2013 18:45:00 EST. Please see our terms for use of feeds.

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Max Mosley’s privacy case rejected by European Court of Human Rights

Filed under: Europe, Government/Legal, UK

Max Mosley

It appears as if Max Mosley has gotten whipped once again. But this time, it wasn’t in an alleged S&M dungeon with a gaggle of hookers dressed up as Nazi officers, it was in no less distinguished a forum than the European Court of Human Rights.

The former FIA president, as you may recall, was outed by the British tabloid News of the World back in 2008 for his sordid sex life. Rather than recoil as most might – particularly in light of longstanding accusations of Mosley and his family’s fascist sympathies and historical ties to high-ranking Nazi officials – Mosley went on the offensive. He made his case into a privacy issue and sued the newspaper, sued its publisher, and he sued a German newspaper that ran the story as well.

Once the dust settled from those lawsuits – including the nearly $100,000 (plus legal expenses) in punitive damages awarded him in court – Mosley took his case to the European Court of Human Rights. In a landmark decision being hailed by some as a victory for free speech, Mosley’s case was dismissed by the courts yesterday.

The decision ostensibly upholds the rights of the British fourth estate (that is, the media) to publish the news as it sees fit without the requirement which Mosley was seeking to notify the subject of reports before they’re published. Mosley may, however, appeal the decision, though to what higher judicial body remains unclear.

Max Mosley’s privacy case rejected by European Court of Human Rights originally appeared on Autoblog on Wed, 11 May 2011 16:01:00 EST. Please see our terms for use of feeds.

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Report: CA court rejects class action suit against Toyota over service contracts

Filed under: Government/Legal, Toyota

Toyota logoThe California court system has found that Toyota Motor Insurance Services does not violate the state’s consumer warranty law. According to Automotive News, a court of appeal found that the contracts offer enough services outside of the factory warranty to be considered legal. Toyota was originally sued after Weber DeSiqueira purchased a then-new 2007 Tundra. At the time, the vehicle came with a three-year, 36,000 mile warranty, but DeSiqueira also laid down $1,145 for a Toyota Extra Care Vehicle Service Agreement. The lawsuit alleged that the service agreement covered the same items as the factory, putting the Japanese automaker in violation of the California warranty law.

But a Los Angeles judge dismissed the case without allowing it to go to trial. DeSiqueira appealed, and a three-judge panel unanimously decided that the automaker’s service agreement and the factory warranty are not identical. The plaintiff sought damages and retribution in the form of a refund for the price of the service agreement for himself and other car buyers who had opted into the program.

Despite the fact that the appeals court effectively scuttled Desiqueira’s lawsuit, one judge did suggest that the consumer may have a legitimate claim that Toyota engages in deceptive sales practices by leading buyers to believe that the service agreement offers greater protection than it actually does.

[Source: Automotive News – sub. req]

Report: CA court rejects class action suit against Toyota over service contracts originally appeared on Autoblog on Thu, 17 Mar 2011 17:59:00 EST. Please see our terms for use of feeds.

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Supreme Court strikes down Bloomberg’s hybrid taxi plan for NYC

Filed under: Etc., Government/Legal

New York City hybrid taxi

New York Mayor Michael Bloomberg has fought long and hard to uphold a local law requiring all city cab companies to replace their gas-guzzling Ford Crown Victoria sedans with more efficient livery vehicles. A noble goal, no doubt, but the Supreme Court is having none of it.

The New York Post reports that the highest court in the land refused to hear the case after four years of battles in the lower courts, giving the victory to the Metropolitan Taxicab Board of Trade. The court ruled that federal agencies have the sole right to regulate emissions and efficiency, not the mayor of one town – even if it is the City That Never Sleeps.

When the Supreme Court swings its gavel, there usually isn’t another shot, but that likely won’t stop Mayor Bloomberg from lobbying Congress to change the rules. The mayor said that local governments are the ones dealing with climate change and energy policy, adding “the federal government seems unable to address those issues.”

While the city of New York appears to have lost the efficiency war, the Big Apple can still feel good about the fact that some 4,400 of the 13,237 cabs on its streets are hybrids. And if gas prices continue to jump, we’re thinking many of the other 8,000 cabs will follow suit.

[Source: New York Post | Image: Chris Hondros/Getty]

Supreme Court strikes down Bloomberg’s hybrid taxi plan for NYC originally appeared on Autoblog on Thu, 03 Mar 2011 17:21:00 EST. Please see our terms for use of feeds.

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Report: Supreme Court clears path for additional seatbelt lawsuits

Filed under: Etc., Government/Legal, Safety

1993 Mazda MPV

The United States Supreme Court has unanimously ruled that automakers can be sued over product-liability complaints, regardless of whether or not the vehicles in question meet federal motor vehicle safety standards in place at the time of manufacture. The decision has been handed down in the case of Williamson vs. Mazda Motor of America, in which the family of a woman who perished in a crash involving a 1993 MPV (pictured) sued the automaker, arguing that she would have survived had there been a three-point belt available for her seating position.

The 2002 accident that claimed the life of Thanh Williamson was a head-on crash with another vehicle, and the other occupants of Williamson’s vehicle with three-point belts survived. Ms. Williamson’s family brought suit in California, contending that Mazda should have provided lap-and-shoulder belts, though it wasn’t required by law at the time the vehicle was built and sold. Despite Mazda’s compliance with vehicle safety standards, the ruling makes automakers more prone to lawsuits over issues deemed negligent by consumers.

Wednesday’s ruling opens the door for a reinterpretation of the Geier vs. American Honda Motor Company decision in 2000 that many lower courts read as a prohibition of state-level liability lawsuits pertaining to products ranging from electronics to vehicles. The Federal regulations in place for these products have been seen as precluding any contradictory state statutes, but with this latest decision, the landscape may change significantly, and not just for automobiles.

Reaction to this decision from the stock market was not positive, with Ford and other car companies down one or two percent. Mazda says the ruling is disappointing, but doesn’t assign liability, and the company will defend itself.

[Source: The Wall Street Journal | Photo: Wikimedia – IFCAR CC 2.0]

Report: Supreme Court clears path for additional seatbelt lawsuits originally appeared on Autoblog on Thu, 24 Feb 2011 16:02:00 EST. Please see our terms for use of feeds.

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