GM, Plaintiffs' Lawyers Dispute Misconduct Allegations in Ignition-Switch Cases
February 02 2016 - 9:50AM
Dow Jones News
General Motors Co. and plaintiffs' lawyers suing the auto maker
over a defective ignition switch are putting up a rare united front
to battle accusations that threaten to derail long-running
litigation consolidated in a New York federal court.
In court filings late Monday, GM called allegations that the
company colluded to help a plaintiffs' lawyer maximize fees "wild
and frivolous." A trio of plaintiffs' lawyers leading litigation,
meanwhile, called allegations made to support their ouster
"sweeping and unsupported."
The dueling responses came after a Georgia lawyer who previously
helped uncover GM's ignition-switch defect called for a federal
judge to dismiss the plaintiffs' lawyers leading so-called
multidistrict litigation against the car maker after evidence
emerged that one of the consumers they represented committed
fraud.
The lawyer, Lance Cooper, cited an "embarrassing retreat" for
the plaintiffs' lawyers in being forced to drop a personal-injury
case that kicked off the first of six trials aimed at setting
patterns for remaining legal settlements with GM. He faulted the
case as weak and alleged plaintiffs' lawyers were colluding with GM
to limit the car maker's financial exposure in the litigation.
Mr. Cooper is also looking to unravel a $275 million settlement
reached between GM and more than 1,300 consumers represented by one
of the three lead plaintiffs' lawyers, Bob Hilliard, saying it was
handled unfairly.
GM said in its filing the settlement "should not be held
hostage" by Mr. Cooper, whom the company described as disgruntled.
The plaintiffs' lawyers said Mr. Cooper failed to uncover any
errors that support dismantling the fund.
GM said it wouldn't address other allegations Mr. Cooper made
against the lead plaintiff's lawyers.
The dispute could affect the money that eventually flows to
consumers who haven't yet settled with GM on account of the
defective switch, as well as the pecking order for lucrative
attorneys' fees.
The legal wrangling also threatens to delay GM's attempts to
move beyond a significant safety crisis that led to the Detroit
auto maker settling criminal charges that it misled regulators and
consumers. GM has so far reached ignition-switch settlements with
other consumers, shareholders and the U.S. Justice Department
totaling more than $2 billion.
GM in early 2014 recalled roughly 2.6 million older Chevrolet
Cobalts and other small cars equipped with a switch that can slip
out of the run position, disabling safety features including air
bags. The defect is linked to more than 120 deaths.
Mr. Cooper's allegations came after Mr. Hilliard and other
plaintiffs' lawyers in January were forced to drop the first of six
so-called bellwether trials aimed at setting patterns for
settlements with consumers bringing claims for economic losses,
personal injury or wrongful death. The case involved Mr. Hilliard's
client, an Oklahoma postal worker who alleged his air bag failed to
deploy in a car crash because of the defective switch.
The trial ended prematurely when GM uncovered evidence that Mr.
Hilliard's client had doctored a check stub when attempting to
purchase a home. Mr. Cooper said the case shouldn't have been
brought and further alleged that the plaintiffs' lawyers were
shutting out other lawyers representing consumers and making grabs
for fees.
GM said Mr. Cooper is now improperly exploiting the setback in
the trial to "gin up claims of secrecy and concealment" that have
no basis. The plaintiffs' lawyers said Mr. Hilliard selected the
case after "careful culling and deliberation."
They added the trial was an appropriate bellwether case because
of circumstances surrounding the car crash involved, the
plaintiff's injuries and the promise of possible punitive damages.
Despite having to drop the case, work that went into the trial can
guide future proceedings that can benefit plaintiffs', they
said.
Mr. Cooper sat on a committee of attorneys helping the GM
plaintiffs' lawyers trio with the case but resigned from the role
in April, according to court documents.
Mr. Hilliard is one of three attorneys, including Seattle lawyer
Steven Berman and San Francisco-based Elizabeth Cabraser, appointed
by a judge in August 2014 to steer the consolidated GM litigation
in New York.
In San Francisco, Mr. Berman and Ms. Cabraser were both recently
named to play key roles in litigation against Volkswagen AG over
its diesel emissions scandal.
Large cases often lead to closed-door grappling among
plaintiffs' lawyers over issues like fee sharing and control,
according to complex litigation expert Alexandra Lahav, but it is
unusual to see allegations like these come to light publicly. "This
is something new," said Ms. Lahav, a professor at University of
Connecticut School of Law.
Write to Mike Spector at mike.spector@wsj.com
(END) Dow Jones Newswires
February 02, 2016 09:35 ET (14:35 GMT)
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