The Wall St. Journal, in an excellent article, reports:
“GM Continues to Seek Shield From Ignition-Switch Suits
Auto maker challenging July appeals court ruling that denied its efforts to use its 2009 bankruptcy to block lawsuits over the defective ignition switches
Aug. 11, 2016 5:44 p.m. ET
General Motors Co. sought a rehearing of an appeals court ruling that exposes it to hundreds of potential lawsuits and some $10 billion in liabilities from faulty ignition switches.
Lawyers for the nation’s largest auto maker on Wednesday said the court made two “fundamental errors” when it last month ruled against the company’s efforts to use its 2009 bankruptcy to shield itself from the litigation over the ignition switches.
The decision “makes no sense and is flatly contrary to the bankruptcy code and decisions from other courts,” the Detroit auto maker said. GM said the court’s decision, if not reversed, would permanently damage the bankruptcy process that saved it from collapse in 2009.
The Second U.S. Circuit Court of Appeals in Manhattan denied GM’s attempt to use its bankruptcy to block lawsuits seeking potential claims over the defective ignition switches, which have been linked to 124 deaths. The ruling overturned a bankruptcy judge’s earlier decision to bar claims that arose before its chapter 11 filing.
Steve Berman, a plaintiffs’ lawyer involved in the GM litigation, said the Second Circuit rarely grants requests for a rehearing, and noted the court’s decision was unanimous”. See http://www.wsj.com/articles/gm-continues-to-seek-shield-from-ignition-switch-suits-1470951862?mod=itp&mod=djemITP_h
Will justice ever prevail?