In Re: Motors Liquidation Company

Debtor: Motors Liquidation Company
Appellant: Tina Farmer, Paul Fordham, Momoh Kanu, Ishmail Sesay and James Tibbs
Appellee: General Motors LLC
Case Number: 1:2017cv06083
Filed: August 11, 2017
Court: New York Southern District Court
Office: Foley Square Office
Presiding Judge: Jesse M. Furman
Nature of Suit: Appeal
Cause of Action: 28:0158
Jury Demanded By: None

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Date Filed#Document Text
May 29, 2018 54 Opinion or Order of the Court OPINION AND ORDER [Regarding Certain Plaintiffs' and New GM's Bankruptcy Appeals]: The Court affirms the orders and judgments of the Bankruptcy Court in part and vacates and remands them in part. More specifically, the Court hol ds that: The Bankruptcy Court's conclusion that New GM judicially admitted liability for Pillars's claim by quoting from the Original Sale Agreement in its notice of removal and answer is VACATED, (15-CV-8432), and its determination tha t only plaintiffs with the Ignition Switch Defect in a Subject Vehicle are Ignition Switch Plaintiffs is AFFIRMED, (17-CV-6196); The Bankruptcy Court's holding that the Fraudulent Concealment Claims, as defined above, are not Independent Cl aims and therefore cannot pass through the bankruptcy gate is VACATED, (16-CV-0098, 16-CV-0501, and 16-CV-0512); The Bankruptcy Court's decision that plaintiffs without the Ignition Switch Defect are not barred by the November 2015 Imputati on Decision and December 2015 Judgment from pursuing Independent Claims against New GM and that the Pitterman Plaintiffs properly asserted Independent Claims against New GM is AFFIRMED, (17-CV-6120); The Bankruptcy Court's conclusions that it is law of the case that New GM did not contractually assume liability for punitive damages claims based on Old GM conduct and that punitive damages against New GM based on Old GM conduct are not available as a matter of federal bankruptcy law are AFFIRMED, (17-CV-6083, 17-CV-6088, and 17-CV-8294); The Bankruptcy Court's determination that used car purchasers without the Ignition Switch Defect are bound by the Sale Order to the same extent as their predecessors in interest and may n ot bring claims against New GM based on Old GM conduct is VACATED, (17-CV-6083, 17-CV-6088, 17-CV-6284, and 17-CV-6289); and The Bankruptcy Court's holding that Reichwaldt is barred by res judicata and law of the case from seeking punitive da mages against New GM based on Old GM conduct is AFFIRMED, (17-CV-8294). The parties to the MDL proceedings should be prepared to address the implications of these holdings on the MDL at the status conference on May 31, 2018 or, to the extent that t he parties need more time to digest the holdings, should be prepared, at a minimum, to discuss the means and schedule for addressing the implications of the Court's holdings. The Clerk of Court is directed to docket this Opinion and Order in e ach case referenced in the caption as well as (given the significance of this ruling to the MDL generally) in 14-MD-2543 and 14-MC-2543. Additionally, the Clerk of Court is directed close the following cases: 15-CV-8432, 17-CV-6120, 17-CV-6083, 17-CV-6088, 17-CV-6284, 17-CV-6196, 17-CV-6289, 16-CV-0098, 16-CV-0501, 16-CV-0512, and 17-CV-8294. (Signed by Judge Jesse M. Furman on 5/29/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ras)

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Debtor: Motors Liquidation Company
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Appellant: Tina Farmer
Represented By: Gary Peller
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Appellant: Paul Fordham
Represented By: Gary Peller
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Appellant: Momoh Kanu
Represented By: Gary Peller
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Appellant: Ishmail Sesay
Represented By: Gary Peller
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Appellant: James Tibbs
Represented By: Gary Peller
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Appellee: General Motors LLC
Represented By: Andrew B Bloomer
Represented By: Scott Ian Davidson
Represented By: Richard Cartier Godfrey
Represented By: Arthur Jay Steinberg
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