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Sins of the fathers? New GM’s liability for ignition switch claims
2015-11-16

The General Motors chapter 11 case continues to produce interesting decisions on a variety of bankruptcy issues. Most recently, the bankruptcy court issued an opinion on the liability of “New GM” for alleged ignition switch defects, many of which involve vehicles manufactured by “Old GM” prior to the bankruptcy filing.

Filed under:
USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Squire Patton Boggs, General Motors, United States bankruptcy court
Authors:
G. Christopher Meyer
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Bankruptcy Judge rules ignition switch plaintiffs cannot un-bake GM’s cake
2015-04-21

As we previewed last week, the U.S. Bankruptcy Court for the Southern District of New York recently handed General Motors (“New GM”) an enormous victory that may end up shielding the company from up to $10 billion in successor liability claims.

Filed under:
USA, New York, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Due process, Title 11 of the US Code, General Motors, United States bankruptcy court
Authors:
Mark A. Salzberg , Andrew M. Simon
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Big victory for new GM, but threats remain
2015-04-16

The bankruptcy court yesterday handed General Motors (New GM) an enormous victory that may end up shielding the company from up to $10 billion in potential legal liabilities. In his 138-page ruling, Bankruptcy Judge Robert Gerber held that a 2009 bankruptcy order allowing the sale of the assets of “old” General Motors (Old GM) to New GM shielded New GM from death and injury claims tied to defective ignition switches in older cars.

Filed under:
USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, General Motors, United States bankruptcy court
Authors:
Mark A. Salzberg
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Sixth Circuit to consider Chrysler dealers' appeal
2012-04-24

In the aftermath of the 2009 bankruptcies of Chrysler LLC (“Old Chrysler”) and General Motors Corporation (“Old GM”), Congress enacted Section 747 of the Consolidated Appropriations Act of 2010, Pub. L. No.

Filed under:
USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Federal preemption, Bankruptcy, General Motors, Chrysler, Sixth Circuit
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
The Second Circuit’s General Motors Decision Defines Limits To “Free And Clear” Sales
2016-07-14

Last week, the Second Circuit Court of Appeals reversed a bankruptcy court order barring tort claims for product defects against the purchaser of General Motors’ (“Old GM”) assets.  The purchaser (“New GM”) had purchased Old GM’s assets “free and clear” in Old GM’s 2009 bankruptcy case under section 363 of the Bankruptcy Code.  The Second Circuit’s ruling is certainly a victory for the plaintiffs who are seeking damages for personal injuries arising out of product defect

Filed under:
USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, General Motors
Authors:
Aaron A. Boschee
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Losing Both Ways: Debtor Diligence in the Identification of Claims
2016-08-03

Two recent cases serve as reminders the devil is truly in the details.

Filed under:
USA, Company & Commercial, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Fiduciary, Liability (financial accounting), Liquidation, Subject-matter jurisdiction, General Motors, Second Circuit, United States bankruptcy court, US District Court for District of Delaware
Authors:
James Maloney
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
Ignition switch claims collide with bankruptcy court approved sale of GM assets free and clear of claims
2014-04-29

Following recall notices for its ignition switches in February 2014, General Motors, LLC (“New GM”) has been hit with at least 50 class actions and two individual suits in not less than 20 federal and two state courts asserting claims against New GM for defective vehicles and parts sold by Motors Liquidation Company, formerly known as General Motors Corporation (“Old GM”).

Filed under:
USA, New York, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Injunction, General Motors, United States bankruptcy court
Location:
USA
Firm:
Wiley Rein LLP
View Original Article
GM Judge nuances his earlier rulings and sets out permissible ignition switch lawsuits
2015-11-18

At a hearing in late August, Judge Robert Gerber expressed his annoyance with both sides in the ongoing battle to determine whether General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from lawsuits based on ignition switch defects in cars manufactured prior to New GM’s acquisition of the assets of Old GM in 2009.

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, General Motors
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Judge protects GM against most, but not all, ignition switch claims
2015-04-20

Judge Robert Gerber ruled last week that General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from a substantial portion of the lawsuits based on ignition switch defects in cars manufactured prior to New GM’s acquisition of the assets of Old GM in 2009.

Filed under:
USA, New York, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, General Motors
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
No easy road – GM ignition switch litigation raises difficult bankruptcy-related questions
2014-09-02

General Motors LLC (“New GM”) came into being in the summer of 2009, when it acquired substantially all of the assets of General Motors Corporation (“Old GM”) in a sale undertaken pursuant to section 363 of the Bankruptcy Code.  The July 2009 Sale Order approved by U.S.

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Injunction, General Motors
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article

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