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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

Takata adds millions to recall expansion in US [UPDATE]

UPDATE: Ford spokesperson Kelli Felker has advised Autoblog that of the 1,509,535 total vehicles worldwide that the company is recalling, 966,504 of them are new additions for this expanded safety campaign. Last week, the National Highway Traffic Safety Administration announced that the Takata airbag inflator recalls would expand to an estimated 33.8 million vehicles in the US. However at the time, automakers weren't sure specifically which of their models might be affected under this enlarged campaign. Now, the numbers for BMW, FCA, Ford, and Mitsubishi are being released by the agency. Additionally, Honda is outlining the broadening of its own campaign. BMW's recall amounts to 420,661 vehicles in the US, an increase from 140,696 previously. All of the following models need their front, driver's side airbag replaced: 2002-2005 BMW 325i/325xi/330i/330xi Sedan 2002-2005 BMW 325xi/325i Sportswagon 2002-2006 BMW 330Ci/325Ci/M3 Convertible 2002-2006 BMW 325i/330i/M3 Coupe 2002-2003 BMW M5/540i/525i/530i Sedan 2002-2003 BMW 540i/525i Sportswagon 2003-2004 BMW X5 3.0i/4.4i BMW has received no reports of any injures or deaths from this problem in its vehicles. FCA has 5,224,845 vehicles globally in need of inflator replacements, according to its statement. However, the company is only aware of one injury related to the issue, which occurred in a 2006 Dodge Charger in southern Florida. There are 4,747,202 vehicles worldwide from the company that are affected on the front, driver's side. Among these, 4,066,732 are in the US, 374,508 are in Canada, and the rest are in other countries. The models are: 2005-2009 Dodge Ram 2500 Pickup 2004-2008 Dodge Ram 1500 Pickup 2006-2009 Dodge Ram 3500 Pickup 2007-2009 Dodge Ram 3500 Cab Chassis 2008-2010 Dodge Ram 4500/5500 Cab Chassis 2008-2009 Sterling 4500/5500 Cab Chassis 2004-2008 Dodge Durango 2007-2008 Chrysler Aspen 2005-2010 Chrysler 300/300C/SRT8 2005-2010 Dodge Charger/Magnum 2005-2011 Dodge Dakota 2006-2010 Mitsubishi Raider Also, there are 438,156 vehicles in the US, according to the NHTSA documents, that need their front passenger's side inflators replaced in the expansion of an earlier regional recall: 2003 Dodge Ram 1500 2003 Dodge Ram 2500 2003 Dodge Ram 3500 The total number of vehicles from Ford now covered under these campaigns stands at 1,509,535 worldwide. Of this total, there are 1,380,604 in the United States, 93,207 in Canada and 16,953 in Mexico.

CEO Sergio Marchionne curses FCA spokesman for emissions cheating denial

WASHINGTON — Fiat Chrysler Chief Executive Officer Sergio Marchionne reprimanded the company's top U.S. spokesman for issuing press releases about Fiat's vehicle emissions practices days after Volkswagen's disclosure in September 2015 that the German automaker had used illegal software to evade emissions tests, documents released Monday show. Lawyers suing Fiat Chrysler Automobiles in a securities case filed excerpts of an email from Marchionne to Gualberto Ranieri, then the company's U.S. spokesman, in a filing in federal court in New York criticizing him for saying that the company does not use defeat devices. "Are you out of your goddam mind?" Marchionne wrote in an email on Sept. 22, 2015, adding that Ranieri should be fired and calling his actions "utterly stupid and unconscionable." The company said in a statement on Monday it was "understandable that our CEO would have a forceful response to any employee who would opine on such a significant and complex matter, without the matter having been fully reviewed through its appropriate channels." The statement added that Ranieri's comments came just days after VW's emissions issue became public "and before a comprehensive internal review and discussions with component suppliers was possible." Fiat Chrysler was sued in 2015 along with Marchionne and other executives over claims it defrauded shareholders by overstating its ability to comply with vehicle safety laws. An amended version of the complaint filed in 2017 added claims about its compliance with emissions laws. The shareholders accused the defendants of inflating Fiat Chrysler's share price by hundreds of millions of dollars from October 2014 to October 2015 by downplaying safety concerns. They said the shortcomings materialized in 2015 when the automaker was fined $175 million by the National Highway Traffic Safety Administration, and took a roughly $670 million charge for recalls. Plaintiffs filed the excerpts seeking approval to take up to 40 additional depositions, including Marchionne's. The U.S. Justice Department sued Fiat Chrysler in May 2017, accusing it of illegally using software to bypass emission controls in 104,000 diesel vehicles sold since 2014. Fiat Chrysler has held numerous rounds of settlement talks with the Justice Department and California Air Resources Board to settle the civil suit, including talks as recently as earlier this month. It faces a separate criminal probe into the matter.