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Nissan files civil suit against Ghosn, seeking $91 million in damages

TOKYO — Nissan filed a civil suit Wednesday seeking 10 billion yen ($91 million) in damages from the Japanese automaker's former Chairman Carlos Ghosn. Nissan filed the case in Yokohama District Court to recoup some of the monetary damages suffered, it said, “as a result of years of misconduct and fraudulent activity" by Ghosn. The claim was calculated by adding the costs from what Nissan called Ghosn's “corrupt practices,” such as rent for overseas property, use of corporate jets and payments to Ghosn's sister, as well as costs for the internal investigation into Ghosn's alleged wrongdoings. Representatives of Ghosn said in a statement they couldn't comment as they had yet to see the legal documents. “Nissan's maneuvers continue,” they said, while noting Nissan had claimed larger damages before. Ghosn, who led Nissan for two decades and saved it from near-bankruptcy, was arrested in Japan in November 2018, and charged with underreporting his future compensation and breach of trust in diverting Nissan money for personal gain. He was awaiting trial but skipped bail and showed up in Lebanon late last year. Japan has no extradition treaty with Lebanon, and he's unlikely to be arrested. A date had not been set for his trial, and Ghosn has said he was worried his ordeal would never end and he would not get a fair hearing. The bail conditions also barred him from seeing his wife. He has repeatedly lashed out at Japan's judicial system, where the conviction rate is higher than 99%. Japanese authorities recently issued an arrest warrant for Ghosn and three Americans, accused of helping his escape. Separately, they issued an arrest warrant for Ghosn's wife on suspicion of perjury. Ghosn has repeatedly said he is innocent, saying that the promised compensation had never been decided, and all the payments were for legitimate services. Wednesday's lawsuit by Nissan comes on top of the civil case Nissan filed against Ghosn in the British Virgin Islands in August last year. It alleged unauthorized payments, sought to regain a luxury yacht and pursued other damages, according to Nissan. Yokohama-based Nissan, which makes the Z sportscar, Leaf electric car and Infiniti luxury models, is also facing trial in Japan as a company in relation to Ghosn's scandal. It has indicated it will agree to any penalties. Nissan's reputation has been sorely tarnished over the Ghosn fiasco, and its sales have dropped. Nissan reports financial results Thursday.

NYC Taxi of Tomorrow ruled legal by appeals court

The streets of New York City might be filling up with a lot more Nissans in the next few years. A New York appeals court ruled that the city's mandate to replace old taxis with a fleet entirely made up of the Nissan NV200 Taxi of Tomorrow was legal. The decision overturned a previous ruling that decided The Big Apple couldn't force cabbies to all purchase the same vehicle.
Justice David B. Saxe wrote the court's opinion saying the Taxi of Tomorrow is a "legally appropriate response to the agency's statutory obligation to produce a 21st-century taxicab consistent with the broad interests and perspectives that the agency is charged with protecting," according to Bloomberg. The Greater New York Taxi Association, the plaintiff in the case, could still possibly attempt a second appeal.
Nissan originally won the 10-year contract estimated to be worth about $1 billion in 2011, beating out Ford and a Turkish company. Under the Taxi of Tomorrow plan, all New York cabbies would have to switch to the NV200 within three of five years of the van going into service, and it would replace the 16 vehicles previously authorized as taxis. In 2013, the mandate received multiple challenges though, including an attempted ban by cab drivers because the replacement wasn't a hybrid. In a separate case, state Supreme Court judge Schlomo Hagler decided that there was nothing in the city charter that forced a taxi driver to choose a specific vehicle. This was the case that was just overturned. In the meantime, the automaker has been selling the NV200 to New York cabbies at prices around $29,700.

Nissan's NY taxi deal faces court obstacles

Nissan scored a big win for itself when the NV200 was named New York City's Taxi of Tomorrow, but the compact van has been under attack ever since. The latest setback for Nissan comes from the New York Supreme Court, which has reportedly ruled the deal between NYC and Nissan is "null, void and unenforceable" since the NV200 is not a hybrid - one of the key parts of NYC Mayor Michael Bloomberg Taxi of Tomorrow plan.
The NV200 Taxi launches this October. Although Nissan says it is bringing a hybrid version of the van to market in 2015, the New York Supreme Court ruled against Nissan, which opens the door for taxi companies in NYC to drive non-Nissan hybrid vehicles. Despite this setback, it doesn't sound like this ruling will affect the NV200 becoming the official taxi of NYC as a part of the 10-year contract worth an estimated $1 billion.