Not surprisingly, GM has now publicly asserted it will try every appellate option to try to change the 2d Circuit’s ruling that enforced the rights of claimants to a due process hearing before being deprived of state law rights against manufacturers of purportedly defective products. GM’s intentions are described in a July 27, 2016 story at LAW360. The article quotes as follows from a status report letter:
“New GM intends to move for rehearing and rehearing en banc of the Second Circuit decision. If the decision is not modified as a result of rehearing, New GM will pursue a petition for certiorari in the United States Supreme Court,” the letter says. “New GM believes that the Second Circuit opinion presents complex and difficult questions of both constitutional and bankruptcy law.”
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