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Appeals court delays 'sensible resolution' meeting between GM, Fiat Chrysler CEOs

DETROIT — Three federal appeals judges have delayed a court-ordered meeting between the CEOs of General Motors and Fiat Chrysler to try to settle a lawsuit over corruption by union leaders. U.S. District Court Judge Paul Borman last week ordered GM CEO Mary Barra and FCA CEO Mike Manley to meet before July 1. But GM on Friday asked the federal appeals court in Cincinnati to overturn the order and remove Borman from the case. In an order issued Monday, three appellate judges delayed Borman's order to provide time to consider legal points raised by GM. GM is suing crosstown rival FCA alleging that it got an advantage by paying off United Auto Workers union leaders to reduce labor costs during contract talks. FCAÂ’s former labor chief, Al Iacobelli, is in prison, although the company denies that it directed any prohibited payments. In his order last week, Borman described the lawsuit as a “nuclear option” that would be a “waste of time and resources” for years if he allows the case to move forward. The judge ordered Barra and Manley to sit down without lawyers by July 1 and reach a “sensible resolution of this huge legal distraction.” Borman wants an update from them on a public video conference that same day. Over the weekend he modified the order to allow lawyers to attend the meeting. In a court filing, GM called BormanÂ’s order a “profound abuse” of power. “The court possesses no authority to order the CEOs of GM and FCA to engage in settlement discussions, reach a resolution and then appear alone at a pretrial conference eight days later, without counsel,” GMÂ’s attorneys said. “Second, the court has no business labeling a properly filed federal lawsuit assigned to the court for impartial adjudication ‘a distractionÂ’ or a ‘nuclear option,’” GM said. Borman canÂ’t be viewed as impartial, company lawyers said. The judge declined to comment. In a court filing Monday, Fiat Chrysler lawyers wrote that GM didn't make a good case to remove Borman because judges routinely direct lawsuit parties to talk about settling. The lawyers wrote that GM originally wanted the case assigned to Borman but now apparently is worried that his tough questions mean he will dismiss GM's claims. “GM should not be permitted now to complain that that judge has turned out to be less hospitable to GMÂ’s claims than GM anticipated. Parties are not permitted to engage in such judge shopping," the filing said.

Fiat Chrysler will pay $70M to settle safety disclosure suit

FCA US will pay a $70 million civil penalty to the National Highway Traffic Safety Administration for failing to submit Early Warning Report data going back to 2003. The automaker will also provide any missing data since that time, and an auditor will monitor future compliance. NHTSA says the failures to report this information "stem from problems in FCA's electronic system for monitoring and reporting safety data, including improper coding and failure to account for changes in brand names." There are no allegations of any intentional deception by the automaker. NHTSA will wrap up the latest fine with the previous consent order against FCA US earlier this year for the automaker's handling of 23 recalls. The company will know owe the safety regulator a total of $140 million in cash, and there will be possibility of $35 million more in deferred penalties if FCA doesn't comply with the agency's requests. In a statement about the fine to Autoblog, FCA US said the automaker "accepts these penalties and is revising its processes to ensure regulatory compliance." The company strongly believes that it didn't miss any safety problems over the time with this problem. Early Warning Reports include information on deaths, injuries, crashes, and other potential safety concerns, and NHTSA often uses the data in investigations for possible recalls. In September, the safety agency first announced the automaker failed to submit these documents. At the time, the regulator's administrator Mark Rosekind promised to "take appropriate action after gathering additional information on the scope and causes of this failure." FCA US also released a statement then about the lapse and said the company notified NHTSA immediately after discovering the problem. FCA US is not the first company to run afoul of NHTSA's reporting requirement. The agency fined Triumph Motorcycles and Honda this year for similar lapses. It also punished Ferrari in 2014. U.S. DOT Fines Fiat Chrysler $70 million for Failure to Provide Early Warning Report Data to NHTSA WASHINGTON – The U.S. Department of Transportation's National Highway Traffic Safety Administration has imposed a $70 million civil penalty on Fiat Chrysler Automobiles (FCA) for the auto manufacturer's failure to report legally required safety data. The penalty follows FCA's admission in September that it had failed, over several years, to provide Early Warning Report data to NHTSA as required by the TREAD Act of 2000.

Harsh words from senators over Chrysler's delay in reporting hack

The federal agency charged with protecting American motorists wants to know more about how hackers remotely commandeered and controlled a Jeep Cherokee. Hours after Fiat Chrysler Automobiles recalled 1.4 million cars affected by a flaw in their cellular connections, officials with the National Highway Traffic Safety Administration said Friday they'll further probe the defect by conducting a formal recall query investigation. "Opening this investigation will allow NHTSA to better assess the effectiveness of the remedy proposed," the agency said in a written statement. The remedy works, said Chris Valasek, one of the researchers who first discovered the security flaw. After testing for the vulnerability again Friday, he wrote on Twitter: "Looks like I can't get to @0xcharlie's Jeep from my house via my phone. Good job FCA/Sprint!" From his Pittsburgh home, Valasek had previously accessed and controlled co-worker Charlie Miller's Jeep along a St. Louis highway. Researchers have demonstrated remote hacks before, but the scope and severity of the Jeep vulnerability was unprecedented. The recall for a cyber threat was the first of its kind. Although a software patch and changes made by cellular provider Sprint appeared to fix the problem, news of the exploit and Chrysler's response brought a fresh round of consternation on Capitol Hill, where federal lawmakers had already expressed concerns about automotive cyber security. The Jeep hack elevated their concerns to a new level. "Cyber threats in cars are real and urgent, no figment of the imagination, as this huge recall demonstrates," said Sen. Richard Blumenthal (D-CT). "Incredibly, Chrysler delayed disclosing this chilling cyber-security danger egregiously and inexcusably, and strong sanctions are appropriate to send a message that other auto manufacturers will heed." Chrysler had known about the security gap since October, and Sen. Ed Markey (D-MA) wondered why it took the company so long to let customers know they were at risk. "Despite knowing about this security gap for nearly nine months, Chrysler is only now recalling 1.4 million vehicles to fix this vulnerability," he said. That's a potential pitfall for Chrysler, and something NHTSA will likely address in its investigation. Automakers are supposed to report safety-related defects to the agency within five days of discovery. But according to a chronology of events Chrysler submitted in its recall paperwork, it didn't inform NHTSA until July 15.