ILNews

District Court upholds jury award against GM

Jennifer Nelson
January 1, 2008
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A U.S. District judge chastised General Motors for the way the company treated its salaried employees who gave up being under union protection and later wanted to rejoin the union as hourly workers. In an opinion released Aug. 15, Judge David Hamilton of the U.S. District Court, Southern District of Indiana, Indianapolis Division, upheld a $3.1 jury award against GM for promissory estoppel claims, finding the plaintiffs had provided sufficient evidence to prove their Sixth Amendment claim against the company.

Judge Hamilton ruled on GM's motions for judgment as a matter of law and for a new trial in Harold Burton, et al. v. General Motors Corporation, No. 1:95-CV-1054-DFH-TAB, and denied both motions. The District Court also denied GM's motion to strike the plaintiffs' demand for a jury trial.

The plaintiffs were five employees at the Allison Engine Division of GM who originally worked in hourly, union-protected positions and were recruited by GM to take jobs as first-line supervisors. As supervisors, they were no longer organized under the union and were told by GM they could return to the hourly, unionized positions if they desired. However, once GM decided to sell Allison Engine, it froze transfers back to the union positions without telling supervisors.

After more than 10 years of litigation to decide whether state or federal laws applied to the plaintiffs' claims, their Sixth Amendment complaint for promissory estoppel and fraud was allowed to proceed to a jury trial in 2008. The jury found the plaintiffs proved their promissory estoppel claims, but not the fraud claims, and awarded the plaintiffs more than $3 million.

GM moved for a judgment as a matter of law, arguing multiple errors were made with regard to the plaintiffs' promissory estoppel claims and the jury award of damages was improper. GM also sought a new trial on those grounds.

Judge Hamilton denied GM's motions, finding the plaintiffs provided ample evidence to show GM planned to sell Allison Engine and deceptively prevented the plaintiffs from returning to their hourly positions before the sale.

"Plaintiffs' evidence was powerful and compelling. General Motors' defenses were weak attempts to evade responsibility for the promises it had made to some of its best and most important employees to persuade them to give up the security and benefits they had had under the union's protection," wrote Judge Hamilton. "To the extent the company has a conscience, General Motors and its management should be ashamed of the way they treated these employees."
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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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