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GM isn't liable for punitive damages in ignition switch cases

NEW YORK — A federal appeals court said General Motors is not liable for punitive damages over accidents that occurred after its 2009 bankruptcy and involved vehicles it produced earlier, including vehicles with faulty ignition switches. The 2nd U.S. Circuit Court of Appeals in Manhattan said on Tuesday that the automaker did not agree to contractually assume liability for punitive damages as part of its federally-backed Chapter 11 reorganization. GM filed for bankruptcy in June 2009, and its best assets were transferred to a new Detroit-based company with the same name. The other assets and many liabilities stayed with "Old GM," which is also known as Motors Liquidation Co. Tuesday's 3-0 decision may help GM reduce its ultimate exposure in nationwide litigation over defective ignition switches in several Chevrolet, Pontiac and Saturn models. It is also a defeat for drivers involved in post-bankruptcy accidents, including those who collided with older GM vehicles driven by others, as well as their law firms. The ignition switch defect could cause engine stalls and keep airbags from deploying, and has been linked to 124 deaths. A lawyer for the drivers and their law firms did not immediately respond to requests for comment. GM had no comment. Circuit Judge Dennis Jacobs said GM's agreement to acquire assets "free and clear" of most liabilities excused it from punitive damages claims for Old GM's conduct. He also noted that the judge who oversaw the bankruptcy concluded that the new company could not be liable for claims that the "deeply insolvent" Old GM would never have paid. The decision upheld a May 2018 ruling by U.S. District Judge Jesse Furman in Manhattan, who oversees the ignition switch litigation. Drivers have sought a variety of damages in that litigation, including for declining resale values. GM has recalled more than 2.6 million vehicles since 2014 over ignition switch problems. It has also paid more than $2.6 billion in related penalties and settlements, including $900 million to settle a U.S. Department of Justice criminal case. The case is In re: Motors Liquidation Co, 2nd U.S. Circuit Court of Appeals, No. 18-1940. Government/Legal Chevrolet Pontiac Saturn Safety gm ignition switch

Chevy Volt sales drop in June, Nissan Leaf inches upwards

Different month, same story. That's the gist of the monthly US sales numbers from the Chevy Volt and the Nissan Leaf. These were the first two mass-market plug-in vehicles to go on sale in the US and we've been comparing their sales numbers for what seems like ages now. So far, the 2014 tale of the tape shows the all-electric once again trumping the plug-in hybrid. The last time the Volt outsold the Leaf was in October 2013. Chevrolet sold 1,777 Volts in June. That was good enough to be the Volt's best sales month of the year, but it's down 34 percent from the 2,698 units sold in June 2013. In fact, it's on par with the 1,760 Volts sold in June 2012. Given the steady sales, General Motors might need to push up the release of the next-gen Volt to gin up excitement, especially if it also offers some of the things that current Volt drivers say they want improved: more range, a lower price and a fifth seat. GM also said it sold 85 Spark EVs in June, an increase of 215 percent over June 2013 Nissan sold 2,347 Leafs last month. The good news continues for Nissan, which says it sold 2,347 Leafs last month. That's an increase of 5.5 percent over 2013 numbers and makes 2014 the best June ever for Leaf sales. Let's credit Texas. Toby Perry, Nissan's director of EV sales and marketing, said in a statement that, "Since the Texas state incentive went into effect in May, we've seen a big jump in Leaf sales in the Austin, Dallas and Houston markets. Our dealers are telling us that they saw more traffic in their stores, and they had their best Leaf sales performance in the last weekend in June." Even with that increase, Atlanta remains the top Leaf market. Nissan has sold 12,736 Leafs in the US so far this year; Chevy 8,615 Volts. Our detailed monthly sales write-up of green cars in the US, including plug-in vehicles, hybrids and diesel cars, is coming soon. For now, we invite you to discuss these numbers in the Comments. Related Gallery 2013 Nissan Leaf View 55 Photos News Source: GM, Nissan Green Chevrolet Nissan Electric Hybrid PHEV ev sales

GM recalls Cadillac ATS and Chevy Impala for separate issues

The National Highway Traffic Safety Administration added two recalls from General Motors in the government organization's daily update of safety campaigns. Both were for failing to meet Federal Motor Vehicle Safety Standards but for completely separate reasons. The larger recall covers 58,698 units of the 2013-2015 Cadillac ATS, but it doesn't really carry huge safety concerns. In vehicles produced between April 25, 2012, and February 9, 2015, the controls for the tilt and slide of the moonroof are not recessed enough, as required by federal law. According to NHTSA, it's possible that someone could inadvertently activate the auto-close for the roof panel, which the agency claims increases "the risk of personal injury." Dealers will install a new trim plate that will add the necessary clearance. The other campaign covers 1,177 examples of the 2014 Chevrolet Impala from between November 15, 2012, and May 27, 2014. However, this is actually a repeat of a previous recall on the Chevy and the Cadillac XTS from 2014. The affected Impalas here "were remedied incorrectly" under the earlier campaign, according to NHTSA. On these sedans, it's possible the electronic parking brake might not fully disengage and still remain in some contact with the rotor, which is in violation of federal rules. The fault can cause excessive heat from the brakes that could potentially lead to a fire, according to NHTSA. To fix the problem, dealers will reprogram the electronic parking brake control module. Show full PR text RECALL Subject : Inadvertent Press of Roof Panel Switch/FMVSS 118 Report Receipt Date: FEB 24, 2015 NHTSA Campaign Number: 15V106000 Component(s): VISIBILITY Potential Number of Units Affected: 58,698 All Products Associated with this Recall Vehicle Make Model Model Year(s) CADILLAC ATS 2013-2015 Details Manufacturer: General Motors LLC SUMMARY: General Motors LLC (GM) is recalling certain model year 2013-2015 Cadillac ATS vehicles manufactured April 25, 2012, to February 9, 2015. In the affected vehicles, the power-operated roof panels auto-close when the non-recessed "Slide" or "Tilt" switches are pressed. As such, these vehicles fail to comply with the requirements of the Federal Motor Vehicle Safety Standards (FMVSS) No.