GM Does Not Have to Turn Over Notes to Ignition-Flaw Plaintiffs: Judge
A U.S. judge on Thursday refused to let plaintiffs’ lawyers suing General Motors Co access notes from lawyers the company hired to prepare an internal report on the automaker's decade-long mishandling of a deadly ignition-switch flaw, reported Reuters.
U.S. District Judge Jesse Furman in Manhattan said interview notes from the “Valukas report” – named for Anton Valukas, chairman of law firm Jenner & Block, who GM hired to spearhead the investigation – were protected by attorney-client privilege.
While the ruling shields materials that could boost the cases by plaintiffs, they will be able to learn the identities of interviewed witnesses who were not named in the report.
Facing a backlash over its handling of the ignition-switch defect, GM tapped Valukas, a former federal prosecutor, last year to conduct a comprehensive review of why the company took so long to address the problem. The defect resulted in the recall of 2.6 million vehicles. A program to compensate victims has so far identified 45 deaths linked to the switch.
Valukas and his firm conducted more than 350 interviews with 230 witnesses, Furman wrote, and each lawyer took careful notes and prepared summaries of the conversations. The final report issued in June 2014 cited a series of missteps by GM employees, from lawyers to engineers, which allowed the problem to go unresolved for years.
The report is public, and GM has agreed to produce documents cited in the report to plaintiffs’ lawyers, who have sued on behalf of individuals injured or killed as a result of the switch, and customers whose vehicles lost value.
However, the company balked at turning over certain materials, including interview notes. GM said the notes were protected by attorney-client privilege because they were prepared by Jenner & Block lawyers. But plaintiffs’ lawyers argued that GM never intended to keep the Valukas report confidential, and that the notes were not protected because they were not legal advice.
Furman disagreed, saying GM had established a “valid claim” that the communications were privileged. And “the cost of withholding the materials is outweighed by the benefits to society of encouraging full and frank communication” between lawyer and client, he wrote.
Plaintiffs’ lawyer Steve Berman said he was disappointed with the ruling, but pleased to receive the list of unnamed witnesses. He also said plaintiffs believed the report was “flawed.”
GM did not immediately respond to a request for comment.
More Industry

Kia Closes Out Summer With a Bang
Its U.S. subsidiary broke multiple records in August, in part due to a surge of demand for hybrids models.
Read More →
Indiana Dealership Changes Hands
A 30-year-old Ford dealership in Indiana has a new owner and will soon be undergoing renovations to meet manufacturer requirements.
Read More →
Texas Dealership No Longer in the Family
The Ford store, a longtime cornerstone of the Houston market, is now part of one of the fastest-growing U.S. auto groups.
Read More →
Genesis Grows California Presence
The Cardinale Automotive Group opened its third Genesis rooftop in the Golden State, Genesis of San Bruno, a stand-alone dealership serving the San Francisco Bay Area.
Read More →
August Auto Sales a Mixed Bag
An early forecast shows strong business despite consumer hurdles, and hybrids are a big piece of their affordability coping strategy.
Read More →
EV Market Humming Along
July sales show steady growth as the segment stabilizes from last year’s artificial surge following pullback of federal support.
Read More →
Auto Loan Delinquency Rates Stabilize
Auto loans are a main driver of nonmortgage consumer debt, but delinquency rates stabilized in the second quarter across all credit risk tiers.
Read More →
EV Sales Recover in Q2
The EV sales roller coaster continues as numbers show improvement, but industry experts predict a year-over-year third-quarter decline and fourth-quarter jump.
Read More →
The Cheapest Hybrids to Fuel
The powertrain is increasing in popularity, in no small part due to its fuel economy. A new report lists the most efficient hybrids on the market.
Read More →
Hybrids and SUVs Gaining Ground
The most recent Kelley Blue Book Brand Watch found that only two nonluxury brands increased in shopper consideration, buoyed by their hybrid and SUV offerings.
Read More →