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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

Junkyard Gem: 1976 Chrysler New Yorker Brougham Hardtop Coupe

Even after OPEC served notice that cheap oil would no longer be a given and notorious eco-fanatic Richard Nixon decreed a national 55 mph speed limit, plenty of Americans continued to buy enormous coupes equipped with big-displacement V8 engines and cubic yards of cushy upholstery as the early Malaise Era ground on during the middle 1970s. In 1976, Ford offered the Lincoln Continental Mark IV, the Mercury Marquis Brougham, and the Thunderbird. The General had too many such cars to list here, including the Buick Electra and Olds 98 Regency Coupe. Chrysler was right there in the battle for Broughamic supremacy that year, with the New Yorker Brougham at the very top of the company's prestige ziggurat. Here's a raggedy-but-still-opulent New Yorker Brougham Coupe, found in a Denver car graveyard during the winter. Just look at that spacious Whorehouse Red™ interior and its pillow-topped Corinthian Leather split-bench power seats! I admire this luxury so much that my band in the late 1980s recorded a hymn to the Chrysler New Yorker. This car appears to have the $598 (about $2,750 in 2020 dollars) St. Regis option group, which included a "boar-grain" padded vinyl roof and opera windows. A few years later, Dodge offered a full-sized model called the St. Regis. The New Yorker Brougham was the most expensive model offered by Chrysler in 1976 (the Imperial went on hiatus for the 1976 through 1980 model years, only to return as a much more modest car). The buyer of this car got rung up for at least $7,269 (about $33,520 after inflation).  Curb weight wasn't quite as high as this car's imposing bulk might suggest: 4,752 pounds. That's a bit less than a new Dodge Durango today. A junkyard shopper scored the engine, which would have been a 440-cubic-inch (7.2-liter) V8 rated at a startlingly low 205 horsepower and all the torque in the world (actually, 320 lb-ft). Numbers like that prove that we now live in the Golden Age of Car Engines; even the base V6 in the current Charger makes 292 horsepower out of half the displacement of the 440. Even in a car this swanky, any kind of an audio system cost extra (contrast that to 2020, when even the humblest econoboxes have standard-equipment Bluetooth-ready rigs with many speakers). A plain old single-speaker AM radio cost $99 ($457), while the top-of-the-line AM/FM/8-track set '76 New Yorker buyers back $375 ($1,730). This is the AM/FM stereo radio, which cost $197 ($908). Not legal for sale in California.

FCA axes Dodge Journey and Grand Caravan for 2021

FCA confirmed this week that Dodge will end production of both the Grand Caravan and the Journey after the 2020 model year, leaving the brand without a front-wheel drive crossover for the first time since 2008, and without a minivan for the first time in nearly four decades.  "The year was 1983. Ronald Reagan was President of the United States of America. Lech Walesa was the Nobel Peace Prize Laureate. The Internet was created, and the first mobile phones were introduced to the public. U.S. astronauts completed the first space shuttle spacewalk; Michael Jackson performed the 'moonwalk.' The Baltimore Orioles won the World Series ... and Chrysler hit a home run with the introduction of the first minivan," FCA (then Chrysler LLC) said when it celebrated the minivan's 25th anniversary in 2008.  1984 Dodge Caravan View 9 Photos Since that anniversary, the Dodge variant of FCA's minivan has changed very little. It has received interior and powertrain improvements, including the introduction of the 3.6-liter "Pentastar" V6 in 2011, but its fundamental architecture has remained constant. The lack of attention it received came to light in 2019, when the outdated powertrain disqualified it from new-car sales eligibility in California.  The prior 25 years notwithstanding, the story of the Dodge Journey is somewhat similar. Introduced in 2008 as a 2009 model, it was praised as one of Chrysler's better, more modern offerings when it hit dealerships. Like the Grand Caravan, it later benefited from an interior overhaul and the introduction of the 3.6-liter V6, but its bones remained unchanged for the duration. This lack of attention showed, as the Journey slipped from borderline-competitive to also-ran.  2010 Dodge Journey R/T View 3 Photos The discontinuation of the Grand Caravan and Journey eliminates 40% of the Dodge lineup. The two models represent more than 38% of the brand's sales volume so far in 2020. For 2021, only the Charger, Challenger and Durango will remain. Minivan buyers will still have options at Chrysler, which offers several variants of the Pacifica, including the new Voyager, which is a stripped-down model aimed at budget-conscious buyers who would previously have been drawn to the bare-bones Dodge.  With this latest round of downsizing, Dodge will join Ram, Chrysler, Fiat and Alfa Romeo in the ranks of FCA brands offering four or fewer models; only Jeep will offer more.  Related Video:

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.

GM seeks appeals court ruling to continue legal fight with Fiat Chrysler

DETROIT — General Motors on Friday asked a U.S. appeals court to allow it to continue pursuing its civil racketeering suit against rival Fiat Chrysler Automobiles, rejecting a lower court judge's belittling of the complaint. The automaker's filing with the Sixth Circuit Court of Appeals comes less than a week after U.S. District Court Judge Paul Borman called GM's suit against Fiat Chrysler a "waste of time and resources" at a time when both automakers should be focused on surviving the coronavirus pandemic. Borman ordered GM Chief Executive Mary Barra and Fiat Chrysler CEO Mike Manley to meet by July 1 to negotiate a resolution. "As we have said from the date this lawsuit was filed, it is meritless," FCA said on Friday. "FCA will continue to defend itself vigorously and pursue all available remedies in response to GM's groundless lawsuit. We stand ready to comply with Judge Borman's order," it added. In its motion, GM asked the appeals court to throw out Borman's order and reassign the case to a different district court judge. It called Borman's order "unprecedented" and "a profound abuse" of judicial power. GM sued Fiat Chrysler 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. Fiat Chrysler is under investigation by the U.S. Justice Department as part of a wide-ranging probe of UAW corruption. GM's accusations came as Fiat Chrysler and French automaker Peugeot were in the early stages of preparing for a merger. Fiat Chrysler has said the suit was aimed at disrupting that deal. GM has said the suit has nothing to do with the merger. In a statement, GM rejected Borman's characterization of the suit as a "distraction" and defended its decision to press the case. "We filed a lawsuit against FCA for the same reason the U.S. Department of Justice continues to investigate the company: former FCA executives admitted they conspired to use bribes to gain labor benefits, concessions and advantages. Based on the direct harm to GM these actions caused, we believe FCA must be held accountable." Related Video: Government/Legal UAW/Unions Chrysler Fiat GM

Italy reportedly guarantees $7.1 billion loan to Fiat Chrysler

ROME — Italy has approved a decree offering state guarantees for a 6.3-billion euro ($7.1 billion) loan to Fiat Chrysler's (FCA)  Italian unit, a source said, paving the way for the largest crisis loan to a European carmaker. The source said Italy's audit court had signed off on the decree, in a final step of what had been a lengthy and contested process to get the loan approved. The court's approval follows an earlier endorsement by the economy ministry. "The audit court authorized the decree," said a source close to the matter, asking not to be named because of its sensitivity. FCA's Italian division has tapped Rome's COVID-19 emergency financing schemes to secure a state-backed, three-year facility to help the group's operations in the country, as well as Italy's car sector in which about 10,000 businesses operate, weather the crisis triggered by the coronavirus emergency. The loan will be disbursed by Italy's biggest retail bank Intesa Sanpaolo, which has already authorized it pending the approval of guarantees the government will provide on 80% of the sum through export credit agency SACE. The request for state support has sparked controversy because FCA is working to merge with French rival PSA and the holding for the Italian-American carmaker is registered in the Netherlands. FCA's global brands include Fiat, Jeep, Dodge and Maserati. It was not immediately clear what conditions, if any, Italy has set as part of the guarantees and whether they would affect FCA's planned 5.5 billion euro ($6.2 billion) extraordinary dividend, which is a key element in the merger with PSA. FCA, whose shares were down 0.5% by 0908 GMT, had no immediate comment.   Earnings/Financials Chrysler Fiat Peugeot Italy

Federal judge orders Barra and Manley to try to resolve GM racketeering lawsuit

DETROIT — A federal judge in Detroit on Tuesday ordered the chief executives of automakers General Motors and Fiat Chrysler Automobiles to meet by July 1 to try to resolve GM's racketeering lawsuit. U.S. District Court Judge Paul Borman called on GM CEO Mary Barra and FCA CEO Mike Manley to meet in person to try to resolve a case that could drag on for years. "What a waste of time and resources now and for the years to come in this mega-litigation if these automotive leaders and their large teams of lawyers are required to focus significant time-consuming efforts to pursue this nuclear-option lawsuit if it goes forward," Borman said at the end of a hearing during which FCA asked the judge to dismiss GM's lawsuit. Borman said instead, the companies need to focus on building cars and keeping people employed at a time when the coronavirus has hurt the U.S. economy and the country is also dealing with issues of racial injustice after the death of George Floyd, a Black man whose death in police custody in Minneapolis triggered worldwide protests. 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 is seeking "substantial damages" that one analyst said could total at least $6 billion. Barra and Manley should meet, taking into account social distancing to keep them safe, to "explore and indeed reach a sensible resolution," Borman said in the hearing, which was broadcast online. It is common for judges to order parties to try to resolve disputes out of court. But it is unusual that the chief executives of two big companies be instructed to meet face-to-face, not just to settle their differences but also to serve a greater good. A GM spokesman said the No. 1 U.S. automaker has a strong case and "we look forward to constructive dialogue with FCA consistent with the courtÂ’s order.” FCA had no immediate comment. Borman said he wanted to hear from Barra and Manley personally at noon on July 1 to provide him with results from their discussion. FCA shares were up 6.1% at $10.24 in New York and GM shares were down 0.5% at $26.25 on Tuesday afternoon. Government/Legal Chrysler Fiat GM

Detroit automakers observing 8:46 of silence to mark Juneteenth

GM Executive Vice President of Global Manufacturing Gerald Johnson, right, talks with employees at the Fairfax Assembly & Stamping Plant in Kansas City, Kansas. (file photo - GM)     All three Detroit automakers are observing Juneteenth, a day commemorating the end of slavery, on Friday by observing 8 minutes and 46 seconds of silence, among other companywide efforts to advance the causes of social and racial justice and equality. Juneteenth marks the date, June 19, in 1865 when Union soldiers, led by Maj. Gen. Gordon Granger, arrived at Galveston, Texas, and announced the Civil War had ended and enslaved African Americans were to be freed. President Abraham Lincoln had officially ended slavery more than two years prior via the Emancipation Proclamation, but Union forces didn't reach Texas until that time, so there was virtually no enforcement. The 8:46 timestamp is significant because it was the length of time that a police officer in Minneapolis knelt on the neck of George Floyd during an arrest, ultimately killing him and sparking waves of protests across the U.S. and overseas. Autoblog asked automakers about their plans to mark Juneteenth, what they were doing to advance the cause of social justice for Black people, and how many African Americans they employ in both blue- and white-collar jobs. We heard back from GM, Ford, Fiat Chrysler and Honda but not from Nissan and Toyota. General Motors GM’s U.S. workforce is 17.2% Black and 69.2% white, according to its most recent corporate Diversity and Inclusion Report. GM's total global employment is 173,000, and it says women and minorities represent 40% of its team of corporate officers. For reference, the Census Bureau says African Americans make up 13.4% of the U.S. population of roughly 328 million people. White people constitute 76.5%. As previously reported, GM planned to pause production at its factories on each shift today and observe silence for 8 minutes and 46 seconds. The company will also have a digital countdown clock atop the GM's headquarters in Detroit for the moment of silence. Additionally, Chairman and CEO Mary Barra has said she will lead a new Inclusion Advisory Board made up of people from within and outside GM to suggest areas for change and hold the company to its commitments to fight injustice and racial inequality.

Vans aren't glamorous, but they're key to EU blessing FCA-PSA merger

MILAN/PARIS — Their silhouettes don't stir dreams of adventure like a sports car or trendy SUV, but vans are a rare source of profit for European carmakers, which is why EU regulators are focused on them as they decide whether to back an industry mega-merger. European competition regulators are worried that Fiat Chrysler and Peugeot maker PSA's proposed merger may harm competition in small vans. With a total of 755,000 vans sold last year in Europe, the combined Fiat Chrysler (FCA) and PSA would get a market share of around 34%, based on industry data, more than double that of Renault and Ford, with shares around 16% each. Volkswagen and Daimler follow with market shares of 12% and 10% respectively. "Commercial vans are important for individuals, SMEs and large companies when it comes to delivering goods or providing services to customers," European Union competition chief Margrethe Vestager said in a statement, announcing an in-depth investigation into the proposed merger. "They are a growing market and increasingly important in a digital economy where private consumers rely more than ever on delivery services." Dario Duse, a managing director at consultancy firm AlixPartners, said demand for vans was not based on people's disposable income, as for cars, but rather on GDP and industrial trends, and in particular the logistics industry, where big players such as Amazon or DHL operate. "Logistics is a business segment which is having a significant growth, for several reasons including e-commerce, where you need efficient and agile vans for interurban and city deliveries," he said. "LCVs (light commercial vehicles) may recover faster than passengers cars in the post-COVID-19 phase." Sales of vans up to 3.5 tonnes in Europe amounted to 2.2 millions vehicles last year, compared to 15.8 million for passenger cars, according to data provided by the European Auto Industry Association (ACEA). The light commercial vehicles (LCVs) market may be secondary in terms of volumes, but it remains highly profitable in an industry where margins are constantly under pressure. Margins are generally higher than on passenger cars, up to 5-10 additional percentage points, AlixPartners says. "With LCVs you don't have to fulfill a series of consumer expectations that drive additional complexity and costs, such as for interiors. LCV customers are more rational and business driven," Duse said. And while electrification in heavy trucks is complicated, it might come sooner for LCVs.

FCA to skip summer shutdowns as automakers rev up U.S. assembly lines

DETROIT — Several of FCA's facilities will skip their usual summer shutdowns to get a jump on rebuilding inventory, the company confirmed early Wednesday.  The plants that will remain open include three in the United States (Jefferson North in Detroit, Toledo Assembly in Ohio, and Sterling Heights Assembly in suburban Detroit), one in Canada (Brampton Assembly in Ontario) and two in Mexico (Saltillo Truck Assembly and Saltillo Van Assembly).  This will allow dealers to address depleted inventory of popular trucks and muscle cars, Automotive News reports. Other facilities not named will observe their normal one- and two-week breaks.  Automakers are speeding up U.S. assembly lines to meet recovering demand, increasingly confident coronavirus safety protocols are working to prevent outbreaks in their plants but wary of the challenges workers face outside. Screening workers for COVID-19 using temperature scans and questionnaires, the automakers have detected some people who reported for work despite being sick. Some plants have been briefly shut down for disinfection, but so far, there has not been a major outbreak within a U.S. auto plant since most reopened May 18, company and United Auto Workers union officials said. The risk of an infection picked up outside a plant spreading along assembly lines remains a prime concern, however. An outbreak could shut down a factory costing a manufacturer millions of dollars a day. The disruption caused by the pandemic is creating other challenges as well. At Ford Motor Co's F-series pickup truck plant in Louisville, Kentucky, the company has given more than 1,000 workers leave related to COVID-19 concerns. It hired temporary workers to fill their jobs as the plant accelerates production of trucks critical to Ford's financial recovery. Demand for pickup trucks helped boost U.S. auto sales in May, and contributed to stronger than expected overall U.S. retail sales for the month. Officials of UAW Local 862, which represents workers at the Louisville plant, said a lack of child care was a significant issue for members. It had led many to stay away from the plant and collect increased unemployment benefits provided under the federal CARES coronavirus relief act. Ford has now begun arranging subsidized child care for UAW workers, Gary Johnson, the automaker's head of manufacturing told Reuters.