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GM wins appeal, dismissal of $3B Saab-related Spyker suit

It's been a long time since we last heard of the legal battles between Spyker CEO Victor Muller and General Motors, the automaker from which Muller's company purchased the embattled Saab brand back in 2010. To refresh your memories, after struggling through 2011 and entering into bankruptcy, Spyker attempted to save the Saab brand by selling it to a Chinese consortium. General Motors, though, blocked the sale because it did not want any of its intellectual property, of which Saab was in possession of from its days under the GM umbrella, in the hands of a potential rival automaker. Spyker then sued GM for intentionally blocking what it said was Saab's only chance of survival. The $3-billion suit was dismissed after a judge ruled in favor of GM, which apparently had granted a license to Saab to continue building cars using its technologies, but reserved the right to cancel that agreement if Saab again changed hands. Spyker appealed, and, according to Reuters, the appeals court upheld the previous ruling, again siding with GM. National Electric Vehicle Sweden, the company that eventually purchased Saab out of bankruptcy, managed to restart production for a short period before itself falling into financial trouble. We have at least another month to wait before hearing how Saab's next chapter may read.

Subaru recalls 81,000 Impreza models for airbag replacement

Subaru has submitted paperwork to The National Highway Traffic Safety Administration regarding an Impreza recall to replace faulty Takata airbag inflators, and the final tally is 81,100 units built between January 28, 2003 and May 31, 2005. Earlier this month Subaru had projected 78,000 Imprezas would be recalled from the 2004 and 2005 model years, but that final number also includes the Saab 9-2x; that Saab model, nicknamed the "Saabaru," was a badge-engineered Impreza Wagon that General Motors began selling in 2004. Affected Saab models were built from February 11, 2004 to March 17, 2005. This recall specifically affects passenger-side inflators, and Subaru and GM will notify owners that they can take their cars to the dealer for a free repair. The recall doesn't officially begin, however, until July 17, 2015. The notice from the NHTSA below has more information. Related Video: Report Receipt Date: MAY 28, 2015 NHTSA Campaign Number: 15V323000 Component(s): AIR BAGS Potential Number of Units Affected: 81,100 Manufacturer: Subaru of America, Inc.SUMMARY: Subaru of America, Inc. (Subaru) is recalling certain model year 2004-2005 Impreza vehicles manufactured January 28, 2003, to May 31, 2005, and 2005 Saab 9-2x vehicles manufactured February 11, 2004, to March 17, 2005. The affected vehicles are equipped with a passenger side frontal air bag that may be susceptible to moisture intrusion which, over time, could cause the inflator to rupture upon its deployment.CONSEQUENCE: In the event of a crash necessitating deployment of the passenger's frontal air bag, the inflator could rupture with metal fragments striking the vehicle occupants potentially resulting in serious injury or death.REMEDY: Subaru will notify their owners and General Motors will notify Saab owners. Dealers will replace the passenger air bag inflator, free of charge. The recall is expected to begin July 27, 2015. Owners may contact Subaru customer service at 1-800-782-2783. Owners of Saab vehicles may call 1-800-955-9007. Subaru's number for this recall is WQR-53. Note: This recall partially supersedes recall 14V-763 in that model year 2004 through 2005 Subaru Impreza and model year 2005 Saab 9-2x vehicles are now only part of this campaign.NOTES: Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov.

Spyker files $3 billion lawsuit against General Motors over Saab's demise

"Smack." That's the sound of Spyker's process server dropping a big ol' pile of legal documents on the doorstep of The Renaissance Center, home of General Motors - or wherever GM's attorneys live during business hours. Contained therein is a Complaint, filed in the U.S. District Court for the Eastern District of Michigan and demanding a jury trial, that seeks $3 billion in damages due to "the unlawful actions GM took to avoid competition with Saab Automobile in the Chinese market." Spyker accuses GM of "tortiously interfering" with Saab's business relationship with Chinese automaker Zhejiang Youngman Lotus Automobile (Youngman), actions that Spyker CEO Victor Muller (above) said "deliberately drove Saab Automobile into bankruptcy."
(From Wikipedia: "Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when a person intentionally damages the plaintiff's contractual or other business relationships.")
The interference in question specifically refers to the very last potential deal, called the Framework Agreement, that Spyker worked out with Youngman. With lots of GM engineering embedded into the 9-4X and 9-5, The General had the right to approve any Saab partnership that would involve the transfer of GM intellectual property. Spyker had been rebuffed over every previous deal with a Chinese firm, including two bids by Youngman, due to GM concerns over its IP getting into Chinese hands and having to face Chinese-market competitors using its technology. The Complaint alleges that the Framework Agreement would have put a firewall around all GM IP - Youngman would only work on Saab's Phoenix platform, said to be just about free of GM tech, and would have no access to 9-3, 9-4X or 9-5 technology until after Saab ceased all ties to GM.