GM, Justice Department Tentatively Agree to Ignition-Switch Settlement

It is likely that General Motors got off easy both in comparison to Toyota and to future corporate federal prosecutions. Last week, Deputy Attorney General Sally Q. Yates announced major policy changes in the Justice Department for corporate investigations, focusing on prosecuting individuals who are responsible for wrongdoing instead of offering the deferred agreements and taking financial penalties in lieu of criminal charges. The change in policy discourages the probationary deferred prosecution agreements and requires companies to point out wrongdoing by specific employees to receive any kind of prosecutorial credit.GM as a company had been charged with felonies, according to the New York Times, sources familiar with the settlement say no individuals will be charged in the agreement.



DuPont Faces First Trial Involving West Virginia Chemical Leak

Bartlett, a 59 year-old resident of Guysville in Athens County, Ohio was diagnosed with kidney cancer in 1997. Among other charges, Bartlett accuses DuPont management of negligence for allowing the leak, fraud and concealment for failing to inform the public of the dangers, and trespass and battery for letting the pollutants enter her bloodstream. DuPont attorneys blame Barlett’s kidney cancer on other factors instead, including obesity.


DOJ, Appellate Court Debate “Lenient” Iran-Trading Settlement

Fokker had admitted to have violated the International Emergency Economic Powers Act between 2005 and 2010 by trading aircraft parts and other components to Iran, Burma (now Myanmar), and the Sudan, in violation of U.S. sanctions. The division, Fokker Services, voluntarily admitted the violations during the Department of Justice’s (DOJ) four-year probe in the matter, agreeing to forfeit $10.5 million in proceeds and pay a $10.5 million penalty as part of an 18-month deferred prosecution agreement.


2nd Circuit Reinstates EEOC Gender Bias Suit vs. Parent Company of Jared, Kay Jewelers

The lawsuit’s reinstatement follows the April Supreme Court decision regarding Mach Mining v. EEOC, in which the Court ruled that judges could only review the details of the EEOC’s claims “on a limited basis.” The 2nd Circuit elaborated on April’s ruling, with Judge John Walker writing in the panel’s opinion that “Under Title VII, courts may review whether the EEOC conducted an investigation, but not the sufficiency of an investigation.” Judge Walker also explained the court’s rationale for such limitations, writing “Extensive judicial review of this sort would expend scarce resources and would delay and divert EEOC enforcement actions from … eliminating discrimination in the workplace.”


Appeals Court Gives Go-Ahead on BP Investor Suit

Last year, Judge Ellison permitted the certification of a class of investors who purchased BP stocks from April 26 to May 28, 2010. Ellison, however, ruled that investors who purchased BP securities in the 2 ½-year period before the spill were not permitted to sue as a class. Disappointed, both BP and the plaintiffs’ attorneys appealed the rulings. Writing for the unanimous panel, Circuit Judge Patrick Higginbotham found that the question of BP executives’ forthrightness during the early days of the spill was “undeniably common to the class, and is susceptible of a class-wide answer.”



Baltimore Settles with Family of Freddie Gray

Gray’s family will receive $2.8 million during the 2015 fiscal year, which began in July, and $3.6 million next year. The settlement must still be approved by mayoral-controlled spending panel, which is expected on Wednesday. Gray died on April 19th while in police custody, a week after being arrested by Baltimore police. Six officers have been indicted and face a pre-trial hearing on Thursday.


Judge Approves Settlement in Silicon Valley Wage Class-Action Case

The lawsuit depicts Jobs as the mastermind behind the agreement. One email cited by the plaintiffs from 2007 involves Jobs writing to Schmidt about poaching, saying “I would be very pleased if your recruiting department would stop doing this.” Schmidt forwarded the request down the chain of command, writing “I believe we have a policy of no recruiting from Apple and this is a direct inbound request. Can you get this stopped and let me know why this is happening? I will need to send a response back to Apple quickly so please let me know as soon as you can.”


Alleged Cover-up Could Blow Roof off of Asbestos Litigation

The appeals ruling involved a class-action suit filed by relatives of alleged asbestos victims who accused BASF and Cahill of a systematic cover-up involving the destruction of key documents involving Engelhard asbestos litigation. Although the case in itself is not injury related, evidence of a cover-up could revive many previously litigated cases and cases in which plaintiffs settled for less than they would have had they attained access to factual information.