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Federal judge throws out GM's racketeering lawsuit against Fiat Chrysler

  DETROIT — A federal judge on Wednesday threw out a racketeering lawsuit General Motors had filed against smaller rival Fiat Chrysler Automobiles, saying the No. 1 U.S. automaker's alleged injuries were not caused by FCA's alleged violations. GM officials said in statement they "strongly disagree" with the order by U.S. District Court Judge Paul Borman, whom the automaker had sought to have removed from the case, and would appeal. "There is more than enough evidence from the guilty pleas of former FCA executives to conclude that the company engaged in racketeering, our complaint was timely and showed in detail how their multi-million dollar bribes caused direct harm to GM," GM said in a statement. The Detroit company added that Borman's decision "would let wrongdoers off the hook." GM filed the racketeering lawsuit against FCA last November, alleging its rival bribed United Auto Workers (UAW) union officials over many years to corrupt the bargaining process and gain advantages, costing GM billions of dollars. GM was seeking "substantial damages" that one analyst said could have totaled at least $6 billion. FCA had called the case meritless and asked Borman to dismiss it. On Wednesday, Borman dismissed the lawsuit "with prejudice," meaning GM cannot refile the complaint. "The direct victims of defendants' alleged bribery scheme are FCA's workers," Borman wrote of FCA. "GM's high labor costs were not an injury proximately caused by FCA's bribes, and any competitive injury that GM suffered as a result of FCA's advantage in labor costs is an indirect injury." "The dismissal of GM's complaint with prejudice earlier today vindicates our position," FCA said in a statement. On Monday, the Sixth U.S. Circuit Court of Appeals denied GM's petition to remove Borman from the case, but said the two automakers' chief executives didn't have to meet to try to settle the case as Borman had ordered. In calling for that, Borman had called the lawsuit "a waste of time and resources."   Government/Legal UAW/Unions Chrysler Fiat GM

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.

Recharge Wrap-up: Fiat 500X EV spotted? Senators request biodiesel increase

A group of 32 senators is asking the EPA to approve increased biodiesel volumes in the Renewable Fuel Standard. Delays in approving the RFS for 2014 forward is causing problems for the fuel produces affected by the law. "EPA's delays are endangering our industry," says Imperium Renewables CEO John Plaza. "Biofuel facilities around the nation are sitting idle, workers are being laid off, and some producers have been forced out of business entirely." Producers feel the EPA is underestimating domestic biodiesel production, and are concerned about importing fuel from Argentina. Read more in the press release below. Fiat Chrysler will help Israel develop a natural gas vehicle. The automaker, along with Iveco and Magneti Marelli, signed a memorandum of understanding with Israel's Prime Minister's Office as part of the Israel Fuel Choices Initiative. They are also considering extended research and development relationship with Israeli companies for alternative fuels and smart mobility. Israel seeks to become a hub for alternative fuel technology. Read more at Hybrid Cars. Spy photos suggest Fiat might build an electric 500X as a compliance car for California. The photos, sent by a reader to Green Car Reports, show a camouflaged Fiat 500X that appears to lack a tailpipe, suggesting it could be an EV. It was photographed on its way to Chrysler's SRT Engineering Center, which builds specialized, low-volume vehicles. The gas-powered 500X debuted in North America at the Los Angeles Auto Show last fall, so camouflage seems a bit unusual at this point if it's just a standard powertrain. It's possible the car could be sold mainly in California to comply with the state's zero-emissions requirements for automakers. Read more and see the photos at Green Car Reports. 32 U.S. Senators urge EPA to approve increased biodiesel volumes Imperium Renewables applauds Senators' action SEATTLE, Feb. 9, 2015 /PRNewswire/ -- A bipartisan group of 32 U.S. senators, including Washington state's Patty Murray and Maria Cantwell, is calling on the Environmental Protection Agency to move quickly in approving strong biodiesel volumes under the nation's Renewable Fuel Standards. The senators expressed concern about the agency's delays in implementing the RFS standards for 2014, 2015 and 2016, noting that the delays have created tremendous uncertainty for the U.S.