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$1.4B hedge fund suit against Porsche dismissed

Investors have canvassed courts in Europe and the US to repeatedly sue Porsche over its failed attempt to take over Volkswagen in 2008 (see here, and here and here), and they have repeatedly failed to win any cases. You can add another big loss to the tally, with Bloomberg reporting that the Stuttgart Regional Court has dismissed a 1.4-billion euro ($1.95B US) lawsuit, the decision explained by the court's assertion that the investors would have lost on their short bets even if Porsche hadn't misled them.
Examining the hedge funds' motives for stock purchases and the bets that VW share prices would fall, judge Carola Wittig said that the funds didn't base their decisions on the key bits of "misinformation," and instead were participating simply in "highly speculative and naked short selling," only to get caught out.
With other cases still pending, the continued streak of victories bodes well for Porsche's courtroom fortunes, since judges will expect new information to consider overturning precedent. If there is any new info, it could come from the potential criminal cases still outstanding against former CEO Wendelin Wiedeking and CFO Holger Härter, who were both indicted on charges of market manipulation.

Volkswagen pushed back against Takata airbag recall

Volkswagen and Audi will recall about 850,000 vehicles in the US to replace their Takata-supplied driver side airbag inflators, but the automaker doesn't believe the safety campaign is entirely necessary. In a letter to the National Highway Traffic Safety Administration, the company pushes the agency to re-evaluate the recall's scope because the parts are allegedly safe, it claims. VW asserted in the letter, which NHTSA posted online (as a PDF) with other documents about the company's safety campaign, that the vast majority of the automaker's recalled vehicles used Takata inflators from the supplier's factory in Freiburg, Germany. Only the US-built Passat had components from Takata's plant in Mexico. VW's argues to NHTSA that its recall is unnecessary because there are no reported airbag ruptures in the German-made parts, and the plant has better quality control than Takata's factories in the US and Mexico. In addition, the Mexico-manufactured components in the Passat are also allegedly safe because they come from a time after significant upgrades to the plant to address humidity and welding concerns. "We do not believe the facts known to date support the scope as defined in the Takata defect notification," VW's letter says. To be clear, VW is not refusing the Takata recall and plans to fix the affected vehicles. Instead, this letter shows the automaker expressing an opinion that NHTSA's scope for the campaign is too broad. VW now plans to do its own analysis on the inflators to strengthen that case, according to The Detroit News. "We respectfully request that, should such results be shown, the agency work with Volkswagen and other manufacturers to revisit the scope of these recalls," the letter said. Takata's recalled inflators use ammonium nitrate as a propellant, and experts believe that long-term exposure to high humidity can make the chemical more likely to cause a rupture during airbag deployment. The spray of metal shrapnel from the exploding parts has links to at least 10 deaths. Related Video:

Volkswagen profit jumps as it warns of a cooling auto market

FRANKFURT, Germany — Volkswagen says its profits jumped 44% in the third quarter thanks to a more profitable mix of vehicles in its lineup but warned that global car markets are slowing more than expected and lowered its forecast for annual sales. After-tax profit rose to $4.42 billion (3.98 billion euros) as revenues rose 11% to $68.27 billion (61.42 billion euros). The sales margin of 7.8% exceeded the goal of 6.5-7.5% as vehicles bringing higher profits took a larger share of sales. The Wolfsburg-based automaker pointed to the headwinds facing the industry by saying that it expects "vehicle markets will contract faster than previously anticipated in many regions of the world." It said sales would be "on a level" with last year's record of 10.8 million vehicles. Previously it had expected a slight increase. The company said its profits would be in the lower end of its forecast range. Global automakers are facing a slowdown in sales amid disputes over trade and from pressure in the European Union and China to develop and sell low-emission vehicles that require heavy investment in new technology. Ford and Renault have issued profit warnings in recent days, while Daimler, maker of Mercedes-Benz luxury cars, lost money in the second quarter and is expected to outline a cost-cutting strategy for investors on Nov. 14. Volkswagen is leading the push into electric vehicles in Europe by launching its ID.3 battery-powered compact car at prices it says will make zero local emission vehicles a mass phenomenon. The company was able to increase earnings in the quarter despite an 18% rise in spending on research and development.