2nd Circ. Says Wrong Citation Can't Support GM Crash Suit

Law360 (May 6, 2020, 8:33 PM EDT) -- The Second Circuit ruled Wednesday that a mistaken citation in a court filing's footnote can't be used by a man to sue General Motors over a fatal car crash that occurred before the automaker's bankruptcy.

The panel upheld a district court ruling that GM's citation of the wrong version of an asset sale agreement between its pre-bankruptcy form and its current incarnation in its response to Benjamin Pillars' suit over his late wife's death does not give Pillars grounds to bypass the liability release in the final version of the deal.

"Because New GM's erroneous citation of language from a non-operative...

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