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$1.4B hedge fund suit against Porsche dismissed
Wed, 19 Mar 2014Investors have canvassed courts in Europe and the US to repeatedly sue Porsche over its failed attempt to take over Volkswagen in 2008 (see here, and here and here), and they have repeatedly failed to win any cases. You can add another big loss to the tally, with Bloomberg reporting that the Stuttgart Regional Court has dismissed a 1.4-billion euro ($1.95B US) lawsuit, the decision explained by the court's assertion that the investors would have lost on their short bets even if Porsche hadn't misled them.
Examining the hedge funds' motives for stock purchases and the bets that VW share prices would fall, judge Carola Wittig said that the funds didn't base their decisions on the key bits of "misinformation," and instead were participating simply in "highly speculative and naked short selling," only to get caught out.
With other cases still pending, the continued streak of victories bodes well for Porsche's courtroom fortunes, since judges will expect new information to consider overturning precedent. If there is any new info, it could come from the potential criminal cases still outstanding against former CEO Wendelin Wiedeking and CFO Holger Härter, who were both indicted on charges of market manipulation.
VW using other manufacturing locations as leverage in battle with TN [w/video]
Sat, 26 Apr 2014We've reached a new step in the ongoing drama at Volkswagen's factory in Chattanooga, TN. The United Auto Workers recently dropped its opposition to the union vote and agreed that it wouldn't hold another ballot for at least a year. Now, the new question becomes where VW is going to build its forthcoming midsize SUV.
Earlier, it had been considered all but certain that the SUV, likely a production version of the CrossBlue concept (pictured above), would be built in Tennessee. However, it seems the Chattanooga factory might have competition to produce it. In emails obtained by The Detroit News, VW's lawyer wrote to the Tennessee economic development department in January saying, "While we understand there are some 'non-deal' issues that are causing a delay in the TN solution, VW has been successful in reaching agreement on terms at the alternative locations."
As previously reported, the state of Tennessee allegedly offered VW about $300 million in incentives to build the vehicle there and create an estimated 1,350 jobs, but it later rescinded the deal. Newly leaked documents from NewsChannel 5 (WTVF-TV) in Nashville allegedly show just how close that offer was to being completed. It appears that VW actually sent the government the first draft of a memorandum of understanding agreeing to the incentives, but the state removed the offer in late January.
VW joins Daimler's protest of new A/C refrigerant as EU deadline for compliance passes
Sun, 06 Jan 2013The case of Dupont and Honeywell's refrigerant R-1234yf is doing the exact opposite of keeping things cool. The two chemical companies have spent years and hundreds of millions of dollars developing R-1234yf to replace R-134a, the new refrigerant shown to be 99.7-percent kinder to the environment than the one it is meant to succeed. Part of that development has been years of testing by governments, outside safety agencies and automakers to approve the chemical for use in cars. It passed the protocols necessary for the European Union to declare that new and significantly revised cars from 2013 onward needed to use R-1234yf, and mandated that every car as of 2017 must use it.
Enter Daimler AG. The automaker created a head-on collision test with a B-Class at their Sindelfingen test track that would lead to the pressurized refrigerant being sprayed on the engine. The result in 20 out of 20 test was that the refrigerant burst into flames as soon as it hit the hot engine, while Daimler says that R-134a does not catch fire in the same test. Another unexpected result of the R-1234yf test was the release of hydrogen flouride, a chemical far more deadly to humans than hydrogen cyanide, emitted in such amounts that it that turned the windshield white as it began to eat into the glass.
Said a Daimler engineer in a Reuters piece, "It was scarcely believable. The most complicated lab tests conducted using the most sensitive measuring instruments around found nothing and all we do is drive a car around a couple of times, open a tiny hole in the refrigerant line and the next thing you know the car is on fire." So Daimler said it wouldn't use the refrigerant, and it recalled the cars it had already shipped with R-1234yf.