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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.

FCA and Cummins named in diesel emissions class-action lawsuit

Chrysler is now the first United States-based carmaker to be sued for allegedly skewing emissions results. In a move that sounds eerily similar to the troubles of European manufacturers, Chrysler is claimed to have hid diesel engine characteristics causing emissions as much as 14 times higher than permitted by regulations. According to Bloomberg, the lawsuit alleges that Chrysler, together with its diesel engine partner Cummins, has concealed the nitrogen oxide output of certain Ram vehicles produced between 2007 and 2012. The NOx pollutants were meant to be broken down in a process called regeneration in the truck's NAC system, or NOx Absorption Catalyst, which predated the 2013-introduced SCR, or Selective Catalytic Reduction system. By design, the NAC captures and stores NOx emissions, converting them to nitrogen and oxygen through a catalytic process. The lawsuit claims the Cummins engine's system has a limited capacity to store the emissions, and as a result the pollutants escape, increasing emissions, worsening fuel consumption and wearing down the catalytic converter. The later, cleaner SCR system uses a urea-water injection, and it gradually replaced the NAC on Cummins 6.7-liter engines, as it was first implemented in 2011 and made standard in 2013. As Bloomberg notes, the model years of Ram trucks involved in the lawsuit predate the earliest Volkswagen "Dieselgate" models by two years. The lawsuit, filed on behalf of 500,000 truck owners, accuses Chrysler and Cummins of fraud, false advertising and racketeering. As an underlying motive, the filing mentions a 2001 change in EPA emissions standards. Announced to become effective in 2010, the EPA requirements drove Chrysler and Cummins to try and reach those already by 2007. However, the NAC system is said to have fallen short of these goals, and the filing claims that Chrysler and Cummins chose to "rig" the engines instead. The affected vehicles predate the 2014 merger of Chrysler and Fiat. FCA US has released a statement regarding the lawsuit, saying it will contest the lawsuit "vigorously". News Source: BloombergImage Credit: Getty Editorial Government/Legal Green Chrysler Dodge RAM Emissions Diesel Vehicles FCA cummins diesel

Share price falls on skepticism of Chrysler-Fiat five-year plan

Following this week's Fiat Chrysler extravaganza, where the Italian-American manufacturer announced its plans for the next five years, the Autoblog staff was cautiously optimistic of the company's future. Investors? Not so much.
Fiat saw its shares tumble 12 percent in Wednesday's trading, falling from 8.67 euros ($12.06 at today's rates) to 7.44 euros ($10.35) as of this writing, with blame partly going to the Italian half of the FCA marriage, which recorded a pretty significant drop in profits during the first quarter of this year.
The plan, which will cost around $77 billion over the next several years, is facing criticism from investors thanks in part to a 1.4-percent drop in Fiat's first-quarter profits, to 622 million euros ($862 million). That figure is also short of Bloomberg analysts' projections, which predicted $1.18 billion in profits before taxes, interest and one-time items.