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Appeals court rejects GM's bid to remove judge from Fiat Chrysler lawsuit

A U.S. appeals court on Monday denied General Motors' petition to remove a lower court judge from its racketeering lawsuit against Fiat Chrysler Automobiles, but said the companies' heads need not meet to settle the issue. The Sixth U.S. Circuit Court of Appeals said U.S. District Judge Paul Borman abused his discretion by requiring GM CEO Mary Barra and FCA's head, Mike Manley, to meet face-to-face for reasons unrelated to the case, and without taking into account the risks of travel during the COVID-19 pandemic. The district judge's order for the parties to report back to the court in only eight days was also unwarranted, the appeals court said. Borman in June ordered Barra and Manley to meet by July 1, and later amended his order to allow other officials in their place. "We do not mean to say, however, that the district judge may not order a pretrial settlement conference and/or mediation in the normal course," the appeals court said in a filing. The court in June stayed Borman's order requiring officials from the two firms to resolve the lawsuit, and on Monday rejected GM's request for a new judge to oversee the case, saying Borman's desire for a quick settlement was "not so extreme" that he needed to be replaced. GM said in a statement it was grateful that the court had quickly reviewed and granted its petition for a writ of mandamus, that is, setting aside the requirement to meet. However, the company did not comment on the rejection of its request to reassign the case to another judge. GM sued FCA last year, accusing the Italian-American company's executives of bribing United Auto Workers union officials to secure labor agreements that put GM at a disadvantage. Government/Legal Chrysler Fiat GM

Fiat board makes Chrysler merger official, approves $5.4B bond sale

Fiat's board of directors has officially approved the merger plan that will see the conglomerate's automotive operations merged with Chrysler into the new Fiat Chrysler Automobiles.
The plan essentially provides a road map for the structure of the new company. It includes provisions for Fiat shareholders - one Fiat share will translate to one share of FCA common stock. The new company will also include a loyalty voting structure, which will provide for shareholders of Fiat stock or those that have held FCA stock for at least three years. According to the plan, these shareholders would see their voting power double, with two votes for every share of FCA's common stock. The overall merger plan still needs to be approved by the company's shareholders.
In other Fiat-related news, the company's board has announced a bond issuance of four billion euro ($5.4 billion). The new bonds should provide the company with a degree of flexibility in refinancing debts associated with the merger plan.

Fiat's Marchionne ponders Chrysler going public again

Fiat boss Sergio Marchionne says there's a real possibility that its majority-owned Chrysler Group may eventually return to the ranks of publicly traded companies. According to Bloomberg, the Fiat and Chrysler CEO gives that a "50 percent chance" of happening, but he doesn't appear to favor that scenario: "My preference is to be one single company... we belong together."
Marchionne has seemingly been operating under the assumption that Fiat will eventually own all of Chrysler, working to buy up the shares it doesn't own and looking to buy out the retiree trust fund that it shares Chrysler ownership with. Certainly, Chrysler going independent again would be increasingly difficult, as the companies continue to blend products, technologies, facilities and staffing, a trend started immediately after the Italian automaker became custodian of the brand following Chrysler's bankruptcy in 2009.
Marchionne's remarks to the media came at Chrysler's Kokomo, Indiana plant, where he was on hand to announce a major investment at four facilities in the state to build eight- and nine-speed automatic transmissions.