Hoovey689

iTrader: (16)

Spyker files $3 billion lawsuit against General Motors over Saab's demise

"Smack." That's the sound of Spyker's process server dropping a big ol' pile of legal documents on the doorstep of The Renaissance Center, home of General Motors – or wherever GM's attorneys live during business hours. Contained therein is a Complaint, filed in the U.S. District Court for the Eastern District of Michigan and demanding a jury trial, that seeks $3 billion in damages due to "the unlawful actions GM took to avoid competition with Saab Automobile in the Chinese market." Spyker accuses GM of "tortiously interfering" with Saab's business relationship with Chinese automaker Zhejiang Youngman Lotus Automobile (Youngman), actions that Spyker CEO Victor Muller (above) said "deliberately drove Saab Automobile into bankruptcy."

(From Wikipedia: "Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when a person intentionally damages the plaintiff's contractual or other business relationships.")

The interference in question specifically refers to the very last potential deal, called the Framework Agreement, that Spyker worked out with Youngman. With lots of GM engineering embedded into the 9-4X and 9-5, The General had the right to approve any Saab partnership that would involve the transfer of GM intellectual property. Spyker had been rebuffed over every previous deal with a Chinese firm, including two bids by Youngman, due to GM concerns over its IP getting into Chinese hands and having to face Chinese-market competitors using its technology. The Complaint alleges that the Framework Agreement would have put a firewall around all GM IP – Youngman would only work on Saab's Phoenix platform, said to be just about free of GM tech, and would have no access to 9-3, 9-4X or 9-5 technology until after Saab ceased all ties to GM.

Thoretically, as stated in the Complant, this should have spared Saab the need to even ask GM for permission to make the deal outlined in the Framework Agreement since it didn't involve any transfer of GM technology. GM felt differently and repeatedly, publicly proclaimed that the Framework Agreement couldn't proceed without GM's say-so, which GM would not give, and that led to Youngman walking away. It is those public proclamations by GM that Spyker alleges as tortious interference. That's the basics, but there's a lot more to be discovered in the 27-page Complaint, which can be found here.

Muller said they've been working on preparing the lawsuit since bankruptcy was declared last year, and with a view to a lengthy and heinously expensive court battle, Muller's golden touch with securing money has come through yet again: a third party has furnished Spyker with the "backing required to see the lawsuit through to the end."

http://www.autoblog.com/2012/08/06/s...ors-over-saab/

bitkahuna

iTrader: (20)

i smell huge settlement. spyker: 1, gm: 0

mmarshall

I admit I'm not a lawyer or an expert on the subject, but I don't see where GM should have any complaints here. Spyker bought the company, paid GM their asking-price, and, therefore, should have the rights to any GM platforms and/or engineering used in past or current Saab vehicles.

Trexus

Another thorn on GM's side. Most likely GM will settle and have to pay a hefty fine. GM still owes the U.S taxpayers $42 Billion as well...

Stormwind

A case of the blind leading the stupid, the broke sueing the bankrupt. When you buy a brand you buy it's entire technology and in Sabb's case it's entire IP not half of this and some of that, spyker should have gone after gm during it's bankruptcy where it would be a lot easier to get what you demand as part of a bankruptcy deal. But they simply should not have bought the brand if it doesn't come with everything as it's too late for them to do anything now.

Unlike the stupid...umm I mean Spyker the Chinese is a lot smarter as they would only buy the company if it comes with the entire package, they simply walk if no deal. A simple concept Spyker could not grasp.

I8ABMR

WOW. Thats a huge law suit. I have a feeling GM will need to settle

bitkahuna

iTrader: (20)

just another saab story...

JessePS

Cute lol

Oh if anyone wants a Spyker, there is one for sale in B.C. It is supposedly 1 of 3 or 5 in Canada.

UberNoob

thats a rare car!
i hope spyker can pull through and get some decent settlement or some money from this

Haitwun

Go Spyker! I hope they cash in on this. Such a pity Saab is gone.

Sulu

What is ironic about this Saab story is that GM actually sold old Saab 9-3 and 9-5 tooling and intellectual property to a Chinese manufacturer -- Beijing Automotive Industry Holdings (BAIC) -- before it was able to find a buyer for the Saab entity as a whole. BAIC could, after buying those components, produce old Saab 9-3 and 9-5 models (but not under the Saab name because BAIC only bought tooling, not the name).

http://www.marketingweek.co.uk/part-...007846.article

I wonder how Ford handled the sale of Volvo to a Chinese company (Geely), and Jaguar Land Rover to an Indian company (Tata)?