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Judge allows class-action lawsuits against Honda, automakers

Millions of plaintiffs in 2014 brought a class-action lawsuit in against Takata and Honda, and the airbag manufacturer and carmaker petitioned to have the case thrown out. A US District Judge in Miami ruled against the companies on December 3, allowing the case to proceed. The case in question, Craig Dunn et al vs. Takata Corporation et al, is thought to be the first class action filed in the ongoing airbag imbroglio. Other cases have been filed, but on behalf of individuals. Takata and Honda are named defendants in the case, but the 453-page suit is also aimed at BMW, Ford, Mazda, Nissan, and Subaru. The plaintiffs claim violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act specifically by Takata and Honda, alleging that those two companies conspired to hide information about airbag inflators that could rupture and spray shrapnel around a car's cockpit. Honda said Takata hid information from it and ceased doing business with the airbag company, while a recent Wall Street Journal review of documents indicated that Takata changed testing information to suppress actual results from Honda. The class-action suit charges violations of the Magnuson-Moss Warranty Act, too. Meanwhile, Takata has strengthened its legal team with the addition of Lanny Breuer, a partner at Covington & Burling LLP. Breuer was a US assistant attorney general from 2009 to 2013, heading the criminal division. Honda has been dealing with individual cases out of court, with litigation in cases of five out of six US deaths settled for undisclosed sums.

Hawaii is first state to sue Takata

Hawaii became the first state to sue Takata Corp. alleging the company knowingly sold potentially defective airbags in a suit filed May 13. The state also claims Takata covered up data showing the airbags were a danger and then delayed recalling them. Hawaii also named Honda Motor Co., which owns part of Takata, and Honda's US affiliates, American Honda Motor Co., and Honda of America Manufacturing Inc., in the complaint. The state claims Takata switched to lower-cost ammonium nitrate for its airbag inflators, despite internal testing that the propellant was "unpredictable and prone to explode." Hawaii, which brought the suit through its Department of Commerce and Consumer Affairs Office of Consumer Protection, is seeking the maximum civil penalty of $10,000 per violation. It also wants Takata to make restitution to owners, run an educational campaign to spur owners to get their cars fixed, and repay profits made from the faulty airbags. Faulty Takata airbags have killed 13 people and are estimated to have injured more than a 100 more. NHTSA says 28.8 million vehicles with the airbags have been recalled, and potentially 40 million more may need to be recalled. Related Video: Image Credit: Getty Images Government/Legal Honda Safety lawsuit Hawaii

Mixed sales results, but automaker stocks rise on need for cars in Houston

DETROIT — The Big Three Detroit automakers on Friday reported better-than-expected August sales and issued optimistic outlooks for demand as residents of the Houston area replace flood-damaged cars and trucks after Hurricane Harvey, sending their stocks higher. General Motors, Ford and Fiat Chrysler posted mixed August U.S. sales, with GM up 7.5 percent and Ford and Fiat Chrysler down. Japanese automaker Toyota improved sales by nearly 7 percent, while Honda fell 2.4 percent. Still, analysts focused on the potential for Detroit automakers to cut inventories and stabilize used vehicle prices as residents of Houston, the fourth largest city in the United States, are forced to replace tens of thousands, perhaps hundreds of thousands, of vehicles after the devastation from Hurricane Harvey. Mark LaNeve, Ford's U.S. sales chief, told analysts on Friday that following Hurricane Katrina in 2005 "we saw a very dramatic snapback" in demand. That said, Ford sales fell 2.1 percent in August. It sold 209,897 vehicles in the United States, compared with 214,482 a year earlier. Sales were down 1.9 percent in the Ford division and off 5.8 percent at Lincoln. Demand was down for cars, crossovers and SUVs. It was not clear how many vehicles in the Houston area will be scrapped, LaNeve said, saying he had seen estimates ranging from 200,000 to 400,000 to 1 million. Ford's Houston dealers may have lost fewer than 5,000 vehicles in inventory, he said. Ford is the No. 1 automaker in the Houston market, with 18 percent share, according to IHS Markit. The company plans to ship used vehicles to Houston dealers and has "every indication we would have to add some production" of new vehicles to meet demand, LaNeve said. Investor concerns about inventories of unsold vehicles and falling used car prices have weighed on Detroit automakers' shares most of this year. Now, automakers can anticipate a jolt of demand from a big market that is a stronghold for Detroit brand trucks and SUVs. "It's got to be a positive for the industry," LaNeve said. Investors appeared to agree. GM shares rose as much as 3.3 percent to their highest since early March. Ford increased 2.8 percent at $11.34, and Fiat Chrysler's U.S.-traded shares were up 5.2 percent $15.91, hitting their highest in more than five years. GM reported a 7.5 percent increase in U.S. auto sales in August, helped by robust sales of crossovers across its four brands.