Baker v. General Motors Corporation,

Facts

Elwell worked for GM for thirty years studying safety, and was occasionally asked to testify as an in-house expert for GM. In 1991, after leaving GM. Elwell was called upon to testify in a case where he gave starkly different testimony during a deposition than he had while he worked at GM. His testimony suggested that GM’s fuel system was inferior to that of other cars. Elwell soon initiated a wrongful discharge action against GM in Michigan county court. GM cross-claimed and the suit resulted in a preliminary injunction keeping Elwell from releasing GM’s confidential information Elwell acquired during his employment. The injunction was to become permanent, but allowed Elwell to testify if called upon without breaking the agreement. In 1991 Beverly Garner was killed in Missouri when she was involved in a crash and her GM vehicle caught fire. Plaintiff Bakers, sons of decedent, brought suit against GM in Missouri state court and sought to subpoena Elwell which the court allowed over GM’s objection. The court found that blocking Elwell’s testimony would violate Missouri public policy and that the injunction could be modified in both Michigan and any other state. Plaintiff Bakers were awarded $11.3 million in damages as a result of Elwell’s testimony. On appeal, the court reversed finding that the Full Faith and Credit Clause required the Missouri trial court to uphold the injunction. The Bakers appealed and the U.S. Supreme Court granted certiorari.