Ferrari Litigation Experience | FerrariChat

Ferrari Litigation Experience

Discussion in 'Ferrari Discussion (not model specific)' started by ExcelsiorZ, Apr 24, 2008.

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  1. ExcelsiorZ

    ExcelsiorZ Formula 3
    BANNED

    Nov 7, 2003
    1,267
    Beverly Hills
    I posted a thread asking whether anyone ever sued Ferrari for defective design or manufacture regarding the F355 valve guide issue (and headers). I was then directed to speak to an attorney in San Francisco who was said to have brought suit against Ferrari.

    I called this attorney and his responses were rather surprising. Not for what he said but for what he refused to say. He refused to say anything whatsoever! He wouldn't tell me what the case was about, what was said in the complaint (which itself is a matter of public record), he wouldn't even tell me the case number (also public record and thus public information).

    What I was able to glean from this conversation was that Ferrari handles its litigation with an iron fist, but more importantly, they are truly fearful of existing negative information becoming public.

    Does anyone else have any litigation experience with Ferrari. Please feel free to PM me if you fear the Darth Vader of Modena.
     
  2. M.James

    M.James F1 Rookie

    Jun 6, 2003
    2,721
    Worcester, MA
    Full Name:
    Michael.C.James
    If such records, as you claim, are public record, then why don't you obtain them yourself and read them?
     
  3. Bryanp

    Bryanp F1 Rookie

    Aug 13, 2002
    3,822
    Santa Fe, NM
    If that litigation resulted in a settlement agreement, then I am certain it contains a comprehensive confidentiality clause. He would be foolish to say anything at all about the matter.
     
  4. Bavarian Motorist

    Bavarian Motorist Formula Junior

    Apr 10, 2007
    943
    Westchester/NYC
    Full Name:
    Mike

    Yep ;) He probably got his money already.
     
  5. parkerfe

    parkerfe F1 World Champ

    Sep 4, 2001
    12,887
    Cumming, Georgia
    Full Name:
    Franklin E. Parker
    That would only apply to the settlement itself. You could still obtain a copy of the Complaint and Answer from the Clerk of Court in whatever jurisdiction the lawsuit was filed.
     
  6. Doug_S

    Doug_S Formula Junior

    Apr 8, 2007
    450
    NJ
    Full Name:
    Doug
    If there really were a design defect in the engine valves it would seem an obvious class action on behalf of all owners who were burned. That would be best for the lawyer also, if he were willing to try the case.

    Now I was an M&A and asset finance attorney so if a friend asked maybe I could bluster Ferrari into a private settlement with my friend particularly if I knew the facts seemed to strongly favor the class action (this will all go away with a nice minor check). Many an individual plaintiff has been settled with to avoid a class action. But I don;t know any of the facts here.

    I truly doubt Fiat's power scares any American lawyers. When I was on Wall St, the litigation department went after and skinned many bigger fish. A final judgement from an American court backed up by American political, treaty, commercial and military might goes mighty far.
     
  7. ryalex

    ryalex Two Time F1 World Champ
    Consultant Owner

    Aug 6, 2003
    25,959
    Las Vegas, NV
    Full Name:
    Ryan Alexander
    the PACER [fed ct records] code for Motor Vehicle Product Liability is 355...


    coincidence!?
     
  8. Scubyfan

    Scubyfan Karting

    Dec 17, 2007
    69
    The people who should really sue are those whose cars burst on fire and burn to the ground. Now THAT is a class action lawsuit!
     
  9. ExcelsiorZ

    ExcelsiorZ Formula 3
    BANNED

    Nov 7, 2003
    1,267
    Beverly Hills
    Now that's interesting!
     
  10. ExcelsiorZ

    ExcelsiorZ Formula 3
    BANNED

    Nov 7, 2003
    1,267
    Beverly Hills
    Uh, because there are multiple courts (fed or state) and normally an attorney, even where there's a confidentiality agreement, is willing to date the case number and where filed. Of course, I can get the information with a little more work...
     
  11. Moku

    Moku Karting

    Dec 17, 2004
    107
    Santa Rosa, CA
    Full Name:
    Rob & Jody
    I am the attorney that Mr. Buckley referred to in his initial post. Others have identified my reason for not responding further to Mr. Buckley, namely, a confidential settlement agreement. And despite Mr. Buckley's desires for someone to do his research for him, I keep my word. What Mr. Buckley fails to relay is that I told him that my case (one of more than one) did not involve valve guides. I will also point out that I had to tell him at least a half dozen times that I was bound by confidentiality--which I am and remain so. I did not appreciate his rudeness.

    John P. Hurabiell
     
  12. ExcelsiorZ

    ExcelsiorZ Formula 3
    BANNED

    Nov 7, 2003
    1,267
    Beverly Hills
    MOKU, truth be told you refused to tell me anything about your case. When I asked you the most basic questions, for instance, "where was the case filed", you refused to answer. I hardly think stating which court an action was filed in violates the confidentiality of a settlement agreement. You're not talking "about" the case, you're simply stating where the case was filed. Similarly, I asked you the case number and again you refused to provide any information. All of this information is public record and typically not covered in a confidentiality provision. The simple fact of the matter Ferrari has sought to cover-over its wrongdoing and you've aided them. If the claims against Ferrari were truly without merit I suspect Ferrari would have less to fear. I suspect the truth is Ferrari is in the wrong but would rather silence those that are informed rather than aid those that have been harmed. Also note, MOKU, I never mentioned you by name or FerrariChat ID.
     
  13. dkabab

    dkabab Formula Junior

    Oct 27, 2007
    941
    Adelaide, Australia
    Full Name:
    David
    so sue him for with holding public information....
     
  14. No Doubt

    No Doubt Seven Time F1 World Champ

    May 21, 2005
    72,740
    Vegas+Alabama
    Full Name:
    Mr. Sideways
    Thanks for updating Fchat, as Buckley has many threads going on right now for which he's left out the above.
     
  15. Moku

    Moku Karting

    Dec 17, 2004
    107
    Santa Rosa, CA
    Full Name:
    Rob & Jody
    Mr. Buckley, I am well aware that you did not name me. I have no problem with having my name out there. I foolishly gave you credit for a little insight, so let me make it very plain, I am subject to a very broad confidentiality agreement. Despite what you consider to be some unfairness on my part, I am merely keeping my word. I could take you by the hand and lead you right to it. That is what Ferrari sought to protect against. As it benefitted my client, I agreed. You remember an attorney's ethical requirement to put his client's interests first. I responded because what you had to say was misleading. By the way I am not MOKU. I am merely using his computer today. I would also note that after I told you several times that I would not respond you persisted. Given that I was not testifying under oath, that was just plain rude. "No" does not change because you ask and re-ask, etc.

    John P. Hurabiell
     

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