LyrArc Article Gist
The U.S. Justice Department files a lawsuit against VW seeking $18 billion in sanctions on behalf of the Environmental Protection Agency. VW shares declined by 4 percent. Experts expect an out of court settlement of $12-$13 billion. The inconclusive discussions between the EPA and VW led to the filing of the lawsuit. The lawsuit is seen as sending a message to the auto industry that the kind of behaviour that led to the VW emissions cherating scandal will not be tolerated.

LyrArc Article Gist
Under a landmark ruling by a federal court in Leipzig, German cities can now ban older diesel engine vehicles. The cities of Stuttgart and Dusseldorf are allowed to legally ban older higher polluting diesel cars from zones that are badly affected by air pollution. Environmental group DUH brought the lawsuit after 70 German cities exceeded European Union limits for nitrogen oxides (NOx) in 2017. NOx emissions can cause respiratory disease and difficulty breathing. Diesel engines produce high levels of nitrogen oxide, and low levels of carbon dioxide. EU air quality standards are not being met in cities across Europe, so that this could set a precedent for Europe, says the BBC. Of the 15 million diesel cars on German roads only 2.7 million meet the latest Euro-6 standards, according to German automotive watchdog agency. Diesel car market share is dropping- falling to 39% in 2017 from 48% in 2015. The VW diesel emissions scandal in 2015 further eroded public confidence. The German government already has suggested alternatives such as offering free public transport in cities with poor air quality. The government opposed the ruling because it did not want the car industry to bear the additional cost of retrofitting older vehicles at a time when German carmakers were investing in electric vehicles.  Yet the trend is clear. Paris, Madrid, Mexico City, Athens have pledged to ban diesel vehicles from the centre of cities by 2025, with Copenhagen doing this in 2019. ...

LyrArc Article Gist
The Federal Administrative Court in Leipzig, Germany, ruled in an appeal of a lower court decision, that German cities Stuttgart and Dusseldorf could ban diesel vehicles from urban traffic to reduce air pollution. Diesel vehicle technology of German manufacturers took a hit with the VW emissions cheating scandal. This ruling now puts pressure on the next German government to force car makers to take on estimated 8 billion euros in costs to refit older diesel vehicles to reduce pollution. Another option for government is to push this cost onto taxpayers, not a popular move. A longer term trend is also underway now that diesel fumes are seen as being more damaging to health than previously thought. Cars made up half of cars sold in Europe before the 2015 VW diesel emissions scandal when VW misrepresented the real amount of emissions taking place. This has dropped now to 44%, and is now more concentrated in delivery vehicles, craftsmen vehicles, according to analysts. This is expected to drop to 20% by 2025. The Leipzig ruling accelerates the decline of the diesel engine in Europe. As the Leipzig ruling is at the federal level the Environmental Action Germany which setup the lawsuit says the first diesel bans could go into effect in 3-6 months.    ...

LyrArc Article Gist
Tells the story of Cherry, a state owned company that is China's largest independent car maker. It started about 1995 with just an idea in the head of Zhan Xialai an assistant to the mayor of Wuhu, and some other local government officials, in a poor eastern province Anhui who saw this is a way to boost incomes and growth in the province. Zhan brought in Zhoua manager in a cityowned building supply company. They brought in Yin an Anhui native who worked at a VW joint venture. In 1996 Zhou went to England to buy engine assembly equipment discarded by a Ford plant there and in March 1997 started building its first factory. It hired a Taiwanese company to help design its first model the Fengyun or Wind Cloud which it cobbled together using parts from component makers that supplied the China operations of VW and GM. It was not till Dec 1999 that the first cars came off this makeshift assembly line. And then it ran into bureaucratic obstacles as the company did not have a government license to be in the auto business . To solve this it became a part of the Shanghai Automotive Industry Corporation a large state owned company that had partnerships with VW and GM. Then it wasn't till 2001 that this Fengyun made it to market with 28000 being sold that year. Cherry then began work on a 4 door hatchback minicar that was called the QQ when it went on sale 2 years later in 2003 and looked like the Chevy Spark, a GM model. GM sued Cherry in Chinese court in 2004 saying Cherry had copied its design for the Spark and the lawsuit was settled in 2005. The settlement was described by Cherry as "very friendly." GM may have secured other concessions for manufacture and assembly in China because the QQ was then manufactured with local partners at a plant in southwestern China. It is Cherry's No. 1 model and far outsells the Chevy Spark. About this time in 2003 a big shift was ocurring in China as the car market was being pushed up by continuing development of infrastructure and road expansion, new ventures from Europe and the US expanding car sales in China. Government planners and executives began thinking about how China could develop its own potential in this growing and about to explode market. They decided they had to move upscale and buy the best technologies from Europe and the United Staes and recruit Chinese engineers working in the automotive industries in these regions. This led to a new phase of massive new investments. One of the goals after Cherry's brush with GM over copying its designs, was to acquire and then develop the technology so that it would be Cherry's own technology. In 2003 Cherry hired Xu Min an engineer at Delphi who was an Anhui native and was a specialist in combustion and fuel injection. They turned to an engineering consulting firm in Austria that specializes in internal combustion engines, and this firm AVL List GmbH agreed to train Cherry engineers to design and build the sophisticated engines. The culture that has grown up around this company in Wuhu, Anhui province, is also what drives the company. It exhorts employees in posters hanging on factory walls, "Know plain living and hard struggle." And in some areas of the plant JD Powers charts showing where Cherry lags behind its western counterparts in quality control surveys are shown on bulletin boards. Zhou, Zhan and Yin are known around Anhui and in the rest of China as "the Eight Guardians", a reference to eight defendors of the faith in Buddhist legend. ...

LyrArc Article Gist
How Merck has approached the Vioxx lawsuits. Taking each case and looking at whether Vioxx was taken continuously for months or years and its proximity to the heart attack, did Vioxx or something else cause the heart attack. It had no choice because 105 million prescriptions were written for Vioxx for the five years preceding the Vioxx concerns, 100,000 heart attacks for 20 million Vioxx users. The question remained what really caused the heart attacks cholesterol, obesity or something else other than Vioxx, or Vioxx, in each individual case the situation could be different. About 45,000 cases have been filed and so far only 20 have reached juries. It has cost Merck $1 billion but its exposure would have been huge, $25 billion vs the $5 billion this strategy might cost. Its stock has gone up 80% since it hit a low from the Vioxx controversy. So far Merck has won most of the cases that went to juries, and this has discouraged additional lawsuits.

LyrArc Article Gist
Judge Richard Leon of the District of Columbia agrees with Senators Wyden, Udall and Heinrich that the NSA's bulk collection of phone data program in the U.S. violates the Fourth Amendment of the U.S. Constitution. This is the first successfu legal challenge to the program. It was put forward by Larry Klayman, a conservative public-interest lawyer. The American Civil Liberties Union has filed a similiar lawsuit in the Southern District of New York. In his ruling Judge Leon, appointed by president Bush in 2002, said: "I cannot imagine a more indiscriminate and arbitrary invasion than this systematic and high tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval. Surely such a program infringes on that degree of privacy that the founders enshrined in the Fourth Amendment." Judge Leon stayed his injunction for 6 months so that the government can appeal his ruling because of the national security interests involved. The U.S. government's case was made with the argument that there are no fourth Amendment protections for collection of metadata information such as numbers called and received, date and time and duration as reflected in the 1979 case, Smith v. Maryland. Judge Leon rejected this saying that in the 34 years since that case the whole relationship of people with the phone has changed and the record collection with today's technology reveals a constantly updating picture of a person's life....

LyrArc Article Gist
Applebaum talks to two researchers at the University of Chicago and Princeton, Prof. Sufi and Prof. Mian, on the record of U.S. president Obama and Fed chairman Bernanke in helping homeowners facing foreclosure and underwater borrowers, comparing that record with their record in helping the banks. The issue is relevant as the policy and handling of homeowners had to be part of an overall effective plan for recovery in the U.S. economy, because ultimately without the U.S. consumer any recovery would be weak in the long run- a situation the U.S. faces in early 2014. The response to the issue of irresponsible homeowners borrowing beyond the limit without an equally robust response to irresponsible bank management that allowed wildly excessive leveraging of assets, and successful aggressive lobbying by banks in a shortsighted policy of going through with a wave of foreclosures; besides creating questions of fairness and equitable handling of the problem, also had major ramifications for the future of the U.S. and global economic growth. Here Christina Romer and other administration advisors say Bernanke was right in tackling the problem from the perspective of the banks needing to be recapitalized. Thoughtful advisors looking at the entire problem, Martin Feldstein and Sheila Bair strongly pushed for providing the same help to homeowners without getting caught up in the issue of who was responsible home buyers or the banks, and looking at the interests of the U.S. economy and the U.S. people. Proposals by Feldstein and Bair were equally robust in helping banks as they were in helping homeowners, only the banks understood their interests narrowly and had more access to policymakers in the Bush, as well as the Obama administration, Paulson as well as Geithner. This leaves us with the ultimate irony of the Obama administration pushing for the minimum wage, even to the point of electoral posture, when lasting damage had been inflicted on homeowners from the weaker portions of America's middle class by a policy that went against what two respected financial and economic experts from the Reagan period, Sheila and Bair had strongly advocated. See links and groups on Feldstein and Bair. Applebaum has followed most aspects of this problem closely and continues to provide exceptional reporting including the piece on the thinking of new Fed chairman, Janet Yellen. Private enterprise rules that require management at banks just as for other companies to take responsibility for failures, and be replaced with new management, was largely avoided leading to a fundamental failure in how a free market economy such as the U.S. and western European economies are supposed to function. Rules aggressively pushed by Geithner's mentor Treasury Secretary Rubin for a vigorous cleanup at banks in South Korea during a similiar situation in 1997, were not followed in any way here, also setting wrong precedents for the long run. ...