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Appeals court delays 'sensible resolution' meeting between GM, Fiat Chrysler CEOs

DETROIT — Three federal appeals judges have delayed a court-ordered meeting between the CEOs of General Motors and Fiat Chrysler to try to settle a lawsuit over corruption by union leaders. U.S. District Court Judge Paul Borman last week ordered GM CEO Mary Barra and FCA CEO Mike Manley to meet before July 1. But GM on Friday asked the federal appeals court in Cincinnati to overturn the order and remove Borman from the case. In an order issued Monday, three appellate judges delayed Borman's order to provide time to consider legal points raised by GM. GM is suing crosstown rival FCA alleging that it got an advantage by paying off United Auto Workers union leaders to reduce labor costs during contract talks. FCAÂ’s former labor chief, Al Iacobelli, is in prison, although the company denies that it directed any prohibited payments. In his order last week, Borman described the lawsuit as a “nuclear option” that would be a “waste of time and resources” for years if he allows the case to move forward. The judge ordered Barra and Manley to sit down without lawyers by July 1 and reach a “sensible resolution of this huge legal distraction.” Borman wants an update from them on a public video conference that same day. Over the weekend he modified the order to allow lawyers to attend the meeting. In a court filing, GM called BormanÂ’s order a “profound abuse” of power. “The court possesses no authority to order the CEOs of GM and FCA to engage in settlement discussions, reach a resolution and then appear alone at a pretrial conference eight days later, without counsel,” GMÂ’s attorneys said. “Second, the court has no business labeling a properly filed federal lawsuit assigned to the court for impartial adjudication ‘a distractionÂ’ or a ‘nuclear option,’” GM said. Borman canÂ’t be viewed as impartial, company lawyers said. The judge declined to comment. In a court filing Monday, Fiat Chrysler lawyers wrote that GM didn't make a good case to remove Borman because judges routinely direct lawsuit parties to talk about settling. The lawyers wrote that GM originally wanted the case assigned to Borman but now apparently is worried that his tough questions mean he will dismiss GM's claims. “GM should not be permitted now to complain that that judge has turned out to be less hospitable to GMÂ’s claims than GM anticipated. Parties are not permitted to engage in such judge shopping," the filing said.

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Diet Abarth
Try as I might, I just can't bring myself to stick to a routine of drinking diet soda. Nevermind the fact that I'm trying to cut soda out of my life altogether - every now and then, I just want the high-octane stuff, and diet simply won't do. If I'm already going to subject myself to the sweeteners and caffeine, I'm going to take the calories that go along with it.
Some people feel the same way about cars (go big or go home!), but I'm not one of them - I often see the merit in less-potent machines that automakers offer. For example, while I simply adored the Mini John Cooper Works GP that I recently tested, I still said I'd rather have a Cooper S Hardtop every day. And while the Ford Focus ST may have been crowned the winner in my hot hatch comparison test from last year, my experience in the Fiesta ST a couple of months ago reminded me yet again that less can indeed be more.

Investors want answers about Marchionne’s final days

The mystery of Sergio Marchionne's surprise death last week continues, with investors now questioning the timeliness of disclosures by the company and family. Bloomberg reports that Italy's market regulator is making a routine check into how Fiat Chrysler handled communications regarding his illness. Fiat Chrysler's stock is down 12 percent in both Italy and on the New York Stock Exchange since the announcement of Marchionne's death. University Hospital Zurich last week issued a statement saying that Marchionne, who died July 25 while recovering from an unspecified should surgery, had been treated for more than a year for a serious illness that it didn't define. Marchionne's family told Reuters the companies hadn't been aware of his health conditions. The Italian business website Lettera 43 reported July 5, and FCA later confirmed, that Marchionne had undergone shoulder surgery in a Swiss hospital. But the company later denied a July 20 report by the website that Fiat Chairman John Elkann planned to meet with company leaders to divide Marchionne's responsibilities. Yet the FCA board indeed met on July 21 and chose Mike Manley, who had formerly overseen the Jeep and Ram brands, to succeed Marchionne as CEO. The company on July 25 published a brief statement acknowledging the former CEO's death. "Unfortunately, what we feared has come to pass. Sergio Marchionne, man and friend, is gone," Elkann said in the statement. Marchionne told no one outside his inner circle — reportedly not even Elkann — that he was seriously ill. His partner, Manuela Battezzato, who works in Fiat's press department, told Bloomberg that Marchionne's family didn't tell the company about his health condition. The famously hard-working CEO, who had quit smoking about a year ago, had also reportedly stopped responding to messages and calls from some advisors since the end of June. People close to him told Bloomberg that Marchionne died from complications following the shoulder surgery, including two cardiac arrests. Image Credit: Ferrari flags hang at half-staff at the Hungarian Grand Prix / Getty Chrysler Fiat Sergio Marchionne