Tag: sue

Report: Oklahoma man allowed to sue state over native american rain god on license plate

Filed under: Government/Legal


License plates can be great ways for states to show off their history, but as Oklahoma has realized, they can create some drama, too. In this case, Keith Cressman is attempting to sue the state over the depiction of the “Sacred Arrow Rain” sculpture used on the official Oklahoma license plates.

This sculpture shows a Native American warrior shooting an arrow at the sky in the hopes of a rain god bringing rain, and Cressman, who is identified as a Christian, feels this is a violation of his First Amendment rights because he is forced either to display an image he finds offensive or pay extra money for a plate he finds more acceptable. The state does issue an “In God We Trust” license plate, but at an initial cost of $18 and an annual renewal fee of $16.50).

Cressman’s case was originally dismissed in 2012 at the district court level, but that dismissal was reversed earlier this week by the 10th US Circuit Court of Appeals because it felt the license plate constituted an act of compelled speech. Thus, the case itself is far from decided, but Mr. Cressman has now been granted permission to pursue it.

Of course, license plates are no stranger to controversy, particularly when it comes to people being offended by what’s on them. Offense is most often generated by vanity plates that display something others don’t want to read, like the case of this bean-curd-loving Tennessee woman who wasn’t allowed to display a plate reading “ILOVETOFU,” or this Georgian man whose gay pride was too hot for the state to handle. Rarer, though, are cases like Cressman’s in which the state itself comes under fire for what’s on a license plate, but it’s not unheard of – Mississippi came under fire in 2011 for just considering a license plate honoring controversial KKK leader and Confederate General Nathan Bedford Forrest.

Oklahoma man allowed to sue state over native american rain god on license plate originally appeared on Autoblog on Fri, 14 Jun 2013 17:58:00 EST. Please see our terms for use of feeds.

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Report: Angry dealers sue Mahindra

Filed under: Truck, Government/Legal, Work, India

Mahindra Pik Up

Mahindra Pik Up – Click above for high-res image gallery

The dust-up between Indian automaker Mahindra and its jilted would-be American dealers is set to get a little nastier. According to Automotive News, several dealers have joined a lawsuit against their former partner that seeks both a refund for any fees paid to the truckmaker as well as punitive damages. One Jerry Ackerman is at the center of the suit. He paid $450,000 for three Mahindra franchises and now alleges that both Mahindra & Mahindra and Global Vehicles U.S.A. are in breach of contract. Ackerman’s lawsuit is now seeking class action status.

Automotive News reports that the lawsuit could eventually represent as many as 350 dealers who signed up for franchises in the States. So far, around 45 dealers have shown interest in joining Ackerman’s effort. Meanwhile, another 70 dealers recently met in Atlanta to discuss potential legal action against Mahindra. That lot has decided to file grievances against Mahindra with individual state motor vehicle agencies.

As you may recall, Mahindra originally contracted with Atlanta-based Global Vehicles U.S.A. to distribute its pickups in America, but later backed out of the deal. That left Global Vehicles U.S.A. and its dealers in a lurch. Global Vehicles U.S.A. initially filed suit against Mahindra but later dropped the effort.

The future prospects of Mahindra’s diesel TR20 and TR40 pickups in North America remains uncertain.

Angry dealers sue Mahindra originally appeared on Autoblog on Mon, 23 May 2011 14:01:00 EST. Please see our terms for use of feeds.

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Report: Judge’s ruling paves way for owners to sue Toyota over economic losses *UPDATE

Filed under: Government/Legal, Toyota

toyota emblem

If Toyota was hoping to end its ongoing unintended acceleration-related legal issues, the latest bit of courtroom news will make the automaker quite unhappy. U.S. District Judge James Selna has ruled that vehicle owners can sue Toyota over economic losses. Some Toyota owners claim the automaker is responsible for diminished resale value of vehicles wearing the Toyota badge.

“A vehicle with a defect is worth less than one without a defect,” said Selna.

Toyota, however, has stated that it remains confident it will emerge from the courtroom victorious. Selna’s ruling moves the burden of proof over to the plaintiff’s lawyers, and Toyota believes that no such proof of wrong-doing on its part exists. Lawyers for the plaintiffs will be tasked with proving that the automaker was aware of a defect and chose to ignore it.

One particular issue from Toyota’s point of view, with regards to James Selna’s ruling, is the judge has applied a California law to the case. One that may make it easier for plaintiffs to recover damages. Toyota argues that vehicle owners from all over the country are involved in the lawsuit, and therefore local state laws should be applied with respect to the owner’s location. Either way, it appears that Toyota’s legal drama is going to continue for quite some time.

*UPDATE: Toyota reached out to Autoblog.com for clarification. It appears the ruling has not yet come down, but that Selna is merely considering the application of California law to a case that reaches across the entire country.

Judge’s ruling paves way for owners to sue Toyota over economic losses *UPDATE originally appeared on Autoblog on Wed, 18 May 2011 15:02:00 EST. Please see our terms for use of feeds.

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Report: GM, Chrysler sue Allied shippers over cars “held hostage”

Filed under: Government/Legal, Chevrolet, GM, UAW/Unions

Chevrolet Camaros on a lot

A situation has developed between Allied trucking and automakers General Motors and Chrysler that has deteriorated to the point of hostage-taking. The Detroit News reports that GM has filed a lawsuit against the car-hauling company that alleges it’s holding 1,700 of the automaker’s valuable Chevy Silverado and Camaro models that should be on their way to dealers. The vehicles in question are worth $47 million, and many of them are reportedly already bought and paid for by customers. The suit also claims that the inventory will depreciate in value if dealers don’t receive the vehicles, while at the same time dissatisfying customers.

The problems between Allied, GM and Chrysler started when the car hauler asked for a 15-percent raise. Allied had previously tried to cut the pay of Teamster union members by 20 percent, but was unable to do so due to a provision in the company’s labor contract. GM then severed ties with Allied on March 16.

One day after GM filed suit against Allied, Chrysler filed its own lawsuit in Ontario Superior Court. Team Pentastar claims Allied has 700 of its vehicles at Allied locations. The court has already granted Chrysler the right to recover 200 of those vehicles. Chrysler has resourced its vehicle hauling to other car hauling companies as a result of the dispute.

[Source: The Detroit News | Bill Pugliano/Getty]

Report: GM, Chrysler sue Allied shippers over cars “held hostage” originally appeared on Autoblog on Thu, 24 Mar 2011 16:00:00 EST. Please see our terms for use of feeds.

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Journalist Sue Mead, racer Darren Skilton become first U.S. team to win a class in Dakar Rally

Filed under: Motorsports, Truck, Ford, South America, Off-Road, Racing

Ford F-150 SVT Raptor 2011 Dakar Rally

Ford F-150 SVT Raptor at the 2011 Dakar Rally – Click above for high-res image gallery

The Ford F-150 SVT Raptor is still proving that it can do whatever deed needs done, whenever it needs doing. Sue Mead and Darren Skilton managed to pilot a largely stock version of the desert-raiding pickup through all 12 stages of this year’s Dakar rally. The team survived 16 days of some of the most brutal terrain on the South American continent and covered over 11,800 miles in the process. Their effort was enough to net the Raptor a 40th place finish over all and a first place finish in the OP class.

In fact, from what we hear, Mead and Skilton were the only contestants to even finish in the OP class, even with big names like Robbie Gordon gunning for the win.

That marks the first time that an American crew has ever managed to take a class win in the history of the Dakar Rally. The F-150 SVT Raptor that Mead and Skilton campaigned boasted the same 5.4-liter V8 that it rolled off the production line with, though a larger cooling system was fitted to handle the harsh temperatures of the course. Likewise, the pickup was equipped with a host of other race-capable bits including a new locker system for the differentials, more robust shocks, springs and tires.

Overall, Volkswagen took the top three spots in the 2011 Dakar Rally. BMW filled out the remaining spots in the top five with its entries. Hit the jump for the press release.

Gallery: Ford F-150 SVT Raptor 2011 Dakar Rally

[Source: Ford]

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Journalist Sue Mead, racer Darren Skilton become first U.S. team to win a class in Dakar Rally originally appeared on Autoblog on Mon, 17 Jan 2011 17:01:00 EST. Please see our terms for use of feeds.

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AP: Seven insurance companies sue Toyota over unintended acceleration-related claims

Filed under: Government/Legal, Safety, Toyota, Earnings/Financials

unhappy Toyota windshield sticker

Can’t say we didn’t see this one coming… According to the Associated Press, seven insurance companies* are suing Toyota in California court for damages in excess of $230,000. We suspect that figure could rise, as it’s derived from just 14 of the alleged 725 total accidents the insurers claim Toyota is at least partially at fault for.

The suit reportedly alleges that Toyota is at fault for accidents blamed on unintended acceleration because the Japanese automaker failed to equip its vehicles with a brake override system that would electronically force the engine to return to idle if both the accelerator and brake pedals were pressed at the same time. After the recall hubbub first began, Toyota announced that all of its future models will come with this technology.

For its part, a Toyota spokesperson unsurprisingly responded that “any allegation that a vehicle-based defect is the cause of unintended acceleration in this or any other complaint is completely unfounded and has no basis.” In December of 2010, Toyota agreed to settle a high-profile case in California regarding unintended acceleration in a Toyota Camry for $10 million, though it never admitted any wrongdoing. Four people were killed in that accident.

In October of 2010, Allstate filed suit against Toyota seeking $3 million in compensation as a result of 270 claims of sudden acceleration.

*The seven insurance companies bringing forth this suit are: American Automobile Insurance Co., Fireman’s Fund Insurance, National Surety Corp., Ameriprise Insurance, IDS Property Casualty Insurance, Motorists Mutual Insurance and American Hardware Mutual Insurance.

[Source: Associated Press via AOL Autos | Image: David McNew/Getty]

AP: Seven insurance companies sue Toyota over unintended acceleration-related claims originally appeared on Autoblog on Tue, 04 Jan 2011 15:34:00 EST. Please see our terms for use of feeds.

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