Judge Denies Request to Oust Lawyers Suing GM in Ignition Case
February 10 2016 - 12:10PM
Dow Jones News
A federal judge denied efforts by a plaintiffs' lawyer to upend
ignition-switch litigation against General Motors Co., calling a
request to remove the lead lawyers from the case little more than
"Monday morning quarterbacking."
Georgia attorney Lance Cooper, who helped uncover an
ignition-switch defect linked to roughly 2.6 million older GM cars,
had recently called for the ouster of three plaintiffs' lawyers
leading consolidated litigation against the auto maker in New York
federal court.
The request came in the wake of an abrupt ending for a trial
that was dismissed after GM uncovered evidence that an Oklahoman
postal worker blaming the company for injuries sustained in a car
crash had committed fraud.
On Wednesday, U.S. District Judge Jesse Furman shot down all of
Mr. Cooper's allegations against attorneys Robert Hilliard,
Elizabeth Cabraser and Steve Berman, saying the Georgia lawyer
provided "little or no evidence" to support "(sometimes wild)
accusations of impropriety and underhandedness" by the three lead
counsel.
"With the benefit of 20/20 hindsight, it is easy to criticize
some decisions that lead counsel have made in this complex and
multifaceted litigation," Judge Furman wrote in his ruling. But
"all things considered," he said, the case has "proceeded
remarkably smoothly and swiftly to date."
Mr. Cooper didn't immediately respond to a request for
comment.
Judge Furman also denied a request by Mr. Cooper to unwind a
$275 million settlement reached last year between GM and more than
1,300 of Mr. Hilliard's clients. Judge Furman called accusations
that the settlement was handled unfairly "meritless."
Mr. Hilliard and Ms. Cabraser welcomed the ruling and said they
will continue their commitment to representing clients with claims
against GM. A spokesman for GM had no immediate comment.
The dismissed trial is one of six so-called bellwethers
scheduled to take place this year meant to help GM and plaintiffs
negotiate broader settlements. GM has so far reached
ignition-switch settlements with consumers, shareholders and the
U.S. Justice Department totaling more than $2 billion. The company
in early 2014 recalled roughly 2.6 million vehicles equipped with a
switch that can slip out of the run position, disabling safety
features including air bags.
Another 20 trials over the switches are scheduled to take place
in state court, according to Wednesday's ruling, including one that
Mr. Cooper is working on. Focusing on the failed first trial, Judge
Furman said, "is to miss the forest for a single tree."
Mike Spector contributed to this article.
Write to Sara Randazzo at sara.randazzo@wsj.com
(END) Dow Jones Newswires
February 10, 2016 12:55 ET (17:55 GMT)
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