In an opinion today, Judge Furman certified for interlocutory appeal a question about calculating economic losses in the GM ignition switch litigation (covered here). One reason for doing so, he ruled, was that in the context of an MDL, where there are powerful pressures to settle, these sorts of questions would never otherwise be the subject of a final judgment that would be heard in an ordinary appeal:
Continue Reading Judge Furman: Interlocutory Appeals More Appropriate In MDL Context, Where Cases Are More Commonly Settled, Precluding Ordinary Appellate Review
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Last Two Bellwether Claims End in Settlement for GM Ignition Switch MDL
By Michael Keough on
After over two years of multi-district litigation before Judge Furman, GM has settled the final two bellwether cases a week before trial was scheduled to begin. Six bellwether cases were originally scheduled to be tried, and GM prevailed in the only one of the cases to reach trial.
Our previous coverage of the GM ignition…
Judge Furman: GM’s Ignition Switch Compensation Program Is Admissible to Rebut Claim for Punitive Damages
By Charles Michael on
In an opinion today resolving various in limine motions in one of the bellwether cases in the GM ignition switch litigation, Judge Furman ruled that GM could introduce evidence of its voluntary settlement program, in light of the fact that the plaintiff planned to seek punitive damages:
Given . . . the likelihood that [the
…
Judge Furman Rejects “Brand Devaluation” Theory in GM Ignition Switch MDL
By Charles Michael on
In a 102-page ruling Friday, Judge Furman granted in part, and denied in part, a motion to dismiss certain of the claims being pursued in the GM ignition switch MDL.
Perhaps most significantly, Judge Furman rejected the plaintiffs’ claims that were based on the theory that all GM customers – including those who bought GM cars without any defect — were injured because they “thought they were buying cars made by “a ‘brand that had a reputation for producing safe and reliable cars,’” but were really buying cars from a cost-cutting company whose misconduct “result[ed] in lower resale values across the board” for the plaintiffs.
Judge Furman noted that the theory was concededly unprecedented, and emphasized that a major new legal claim should be created by the legislature, not the courts:
Continue Reading Judge Furman Rejects “Brand Devaluation” Theory in GM Ignition Switch MDL
Judge Furman Tells GM Ignition Switch MDL Lawyers to “Return to Focusing on What is Truly at Stake in This Litigation”
By Michael Keough on
Yesterday, Judge Furman issued a written opinion following up on his earlier denial of a motion to replace the lead plaintiffs’ counsel for the ongoing GM ignition switch litigation. Judge Furman lauded the plaintiffs’ steering committee for coordinating the massive litigation effort – including over three hundred depositions and almost fifty motions in limine – in just a year and a half. Judge Furman reiterated that the motion was untimely, and that the movants (other plaintiffs’ counsel with concerns about the direction of the MDL’s leadership) had not met the high burden for unseating lead counsel.
Continue Reading Judge Furman Tells GM Ignition Switch MDL Lawyers to “Return to Focusing on What is Truly at Stake in This Litigation”
GM Settles Third Ignition Switch Bellwether Before Trial
By Michael Keough on
Earlier today, GM settled with the third bellwether plaintiff prior to trial in the ongoing litigation over allegedly defective ignition switches in GM vehicles. Of three bellwether cases so far, the first was withdrawn before a verdict, the second was decided in GM’s favor, and the third has now settled. Plaintiff’s counsel in the third…
Jury Finds for Plaintiffs on Liability But Not Damages in Second GM Ignition Switch Bellwether Trial
By Michael Keough on
Earlier today, the jury rendered a verdict in the second GM ignition switch bellwether trial before Judge Furman, finding that GM was liable for ignition switch malfunctions but that the plaintiffs had not met their burden of proof on damages.
Our full coverage of the GM ignition switch litigation is here.
Judge Furman Dismisses Fraudulent Misrepresentation Claim in Ignition Switch MDL After GM Rests its Case
By Michael Keough on
Yesterday, Judge Furman, dismissed from the bench the fraudulent misrepresentation claim in the second bellwether trial for the GM ignition switch multidistrict litigation. Judge Furman dismissed the claim in response to GM’s motion judgment as a matter of law filed after GM rested its case last Friday. The decision came in part because the bellwether…
Judge Furman Won’t Remove Lead Plaintiffs’ Counsel in GM Ignition Switch MDL
By Michael Keough on
Yesterday, Judge Furman rejected an attempt to unseat the lead plaintiffs’ counsel in the GM ignition switch multidistrict litigation (see our previous post on the motion here). Judge Furman described the allegations that lead counsel had mismanaged the bellwether trial schedule in order to maximize fees as “sometimes wild” and “Monday morning quarterbacking.” Judge…
Plaintiff in GM Ignition Switch MDL Asks Judge Furman to Remove Plaintiffs’ Co-Lead Counsel
By Michael Keough on
In a motion filed this week – described as “no easy motion” but “the right motion” that “has to be made” – a plaintiff’s lawyer in the GM ignition switch multidistrict litigation asked Judge Furman to remove the plaintiffs’ co-lead counsel and reconsider the bellwether trial schedule in the wake of GM’s victory in the first bellwether case. The motion claims that the co-leads prioritized the order of bellwether trials in concert with GM based on the potential share of fees and not the merits of each case. The motion further alleges that the case originally scheduled for the first bellwether trial (which, according to the motion, was much stronger on the merits) was removed when counsel would not agree to split the fees with the co-leads.
Continue Reading Plaintiff in GM Ignition Switch MDL Asks Judge Furman to Remove Plaintiffs’ Co-Lead Counsel