Treasury negotiating on GM's product liability.

Wayne Parsons
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Posted by Wayne ParsonsJune 26, 2009 2:26 PM

The Wall Street Journal (6/26, B1, Spector, McCracken) reports on the front page of its Marketplace section, "The U.S. Treasury Department is negotiating with more than a dozen state attorneys general to roll back two key features of General Motors Corp.'s bankruptcy plan that would have wiped out billions of dollars in potential claims from car-accident victims and closed auto dealers." Under the current reorganization plan, "hundreds of car-accident victims have lawsuits against GM in various stages of the legal process that would be effectively washed away." In opposing GM's product-liability plan, "state attorneys general are raising a number of complex legal issues, ranging from the power of federal bankruptcy courts to supercede state law to constitutional due-process rights of Americans to sue GM if they're injured by the auto maker's vehicles in the months and years ahead."

In an informative analysis of the impact of this bailout on people injured in defective automobiles Cecelia Prewett of the American Association of Justice (AAJ) sheds light on this judicial and Congressional problem:

Protecting Consumers in Wake of Chrysler / GM Bankruptcy

GM wins financing, "tort czar" denied. The Detroit Free Press (6/25, Hyde) reported, "General Motors won approval Thursday to use up to $33.3 billion to pay for its bankruptcy, after making a few changes to settle technical objections." US Bankruptcy Court Judge Robert Gerber also "denied a request from an unofficial committee of people with asbestos-related claims against GM to appoint a 'tort czar' that would oversee all future claims against the old GM, not just those related to asbestos."

The Detroit News (6/26, Gardiner) reports that consumer victims and asbestos claimants "withdrew petitions for their own independent bargaining committees on Thursday."

Comcast pulls liability ads. The Washington Post (6/26, Marr, Tse) reports, "Comcast pulled a cable television advertisement criticizing General Motors' bankruptcy plan earlier this week after the automaker challenged the spot's claims. The ad was paid for by a group of people injured in GM and Chrysler vehicles, who say the taxpayer-funded restructurings should not allow the automakers to escape liability claims for injuries or deaths that occurred before the bankruptcy filings."

6 Comments

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Mike BryantInjuryBoard Attorney Member
Posted by Mike Bryant
June 27, 2009 5:03 PM

This is a tragady and hopefully everything will be done to stop it. Interesting that GM wouldn't like the ads and at the same time are running the "American way" ads. Great post.

VickyG
Posted by VickyG
June 27, 2009 7:13 PM

Mr. Parsons,

Can you tell me what this recent turn of events with the negotiations between these state attorney generals and the US Treasury dept. about product liability claims could mean for Chrysler victims if there is success with GM? My father died a very horrific death in March of 2007 in a rollover accident. The A pillars of my Mother's Jeep Cherokee (my father was driving, my mother by his side) collapsed, failing to support the driver's side occupancy of the vehicle, splitting my father's head open, crushing him to death. We have lived a nightmare trying to deal with this overwhelming trauma. Adding salt to our wounds in a huge way is the thought that no justice may come for us in the lawsuit we had already filed. We want justice for my father. Waking up each day knowing as the accident investigators concluded, that he shouldn't be dead is so painful for my family. I just want to know what this turn of events could mean for families like ours.

Thanks in advance,
Vicky

Wayne ParsonsInjuryBoard Attorney Member
Posted by Wayne Parsons
June 27, 2009 8:40 PM

Vicky: I wish I could predict the future. The money forces are very powerful and trial attorneys and a few of the states are opposing this bailout. I hope we succeed. Good luck with your case. Write your representatives.

VickyG
Posted by VickyG
June 27, 2009 9:10 PM

Thank you Mr. Parsons. My family and I have already contacted every senator and congressman in the United States, had interviews with the Center for Justice and democracy, Safety Research Council, newspapers, including the Atlanta Journal Constitution etc. We're doing everything we can to find justice. Thanks for the kind words and encouragement.

Wayne ParsonsInjuryBoard Attorney Member
Posted by Wayne Parsons
June 28, 2009 4:04 AM

Vicky: I am really interested in your husband's injury. How is your family doing? What is happening? Before you answer this is a public forum. Call me (808-753-0290) and let's talk.

Aloha, Wayne

Sue
Posted by Sue
June 28, 2009 9:16 PM

Thank you for standing up for american rights. Now if we can stop this illegal bankruptcy by the US Treasury all together.

Comments for this article are closed.

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