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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

Frustrated GM investors ask what more Mary Barra can do

DETROIT — General Motors Co Chief Executive Mary Barra has transformed the No. 1 U.S. automaker in her almost five years in charge, but that is still not enough to satisfy investors. Ahead of third-quarter results due on Oct. 31, GM shares are trading about 6 percent below the $33 per share price at which they launched in 2010 in a post-bankruptcy initial public offering. The Detroit carmaker's stock is down 22 percent since Barra took over in January 2014. After hitting an all-time high of $46.48 on Oct. 24, 2017, the shares have declined 33 percent. In the same period, the Standard & Poor's 500 index has climbed 7.8 percent. Several shareholders contacted by Reuters said GM could face a third major action by activist shareholders in less than four years if the share price does not improve. "I've been expecting it," said John Levin, chairman of Levin Capital Strategies. "It just seems a tempting morsel to somebody." Levin's firm owns more than seven million GM shares. Barra has guided the company through the settlement of a federal criminal probe of a mishandled safety recall, sold off money-losing European operations, and returned $25 billion to shareholders through dividends and stock buybacks from 2012 through 2017. GM declined to comment for this story, but the company's executives privately express frustration with the market's reluctance to see it as anything more than a manufacturer tied mainly to auto market sales cycles. GM's profitable North American truck and SUV business and its money-making China operations are valued at just $14 billion, excluding the value of GM's stake in its $14.6 billion Cruise automated vehicle business and its cash reserves from its $44 billion market capitalization. The recent slump in the Chinese market, GM's largest, and plateauing U.S. demand are ratcheting up the pressure. GM is one of the few global automakers without a founding family or a government to serve as a bulwark against corporate raiders. In 2015, a group led by investor Harry Wilson pressed GM to launch a $5 billion share buyback, and commit to what is now an $18 billion ceiling on the level of cash the company would hold. In 2017, GM fended off a call by hedge fund manager David Einhorn to split its common stock shares into two classes. Einhorn, whose firm still owned more than 21 million shares at the end of June, declined to comment about GM's stock price. Other investors said there were no clear alternatives to Barra's approach.

8 cars we're most looking forward to driving in 2015

Now that 2014 is officially in the books, it's time to look ahead. And following our list of the cars we liked best last year, we're now setting our sights at the hot new metal that's coming our way in 2015. Some of these, we've already seen. And some are still set to debut during the 2015 auto show season. But these are the machines that keep us going – the things on the horizon that we're particularly stoked to drive, and drive hard. Jeep Renegade Not the Chevrolet Corvette Z06. Not the Ford Mustang GT350. Not the new John Cooper Works Mini. Nope, I'm looking forward to the adorable, trail-rated Jeep Renegade. And that's because I really, really, really like our long-term Jeep Cherokee Trailhawk. I do not, however, care too much for the Cherokee's looks, and I really don't like its $38,059 price tag. The Renegade Trailhawk, meanwhile, promises much of the same rough-and-tumble character as its big brother, but at what we expect will be a more reasonable price (I'm personally wagering on the baby Jeep's off-road model starting at no more than $23,000). With a 2.4-liter four-cylinder and a nine-speed automatic, it should also be a bit easier to fill than the V6-powered Cherokee. Also, I can't help but love the way the Renegade looks. It's like someone took a Wrangler, squished it by 50 percent and then handed it off to George Clinton for a healthy dose of funk. The interior, with its bright, expressive trims and color schemes should also be a really nice place to spend some time. I'll be attending the Renegade's launch later this month, so I'll have a much shorter wait than my colleagues. Here's hoping the baby Jeep lives up to my expectations. – Brandon Turkus Associate Editor Mazda MX-5 Miata Here's an uncomfortable truth: I'd rather spend a day driving a properly sorted Mazda MX-5 Miata of any generation on a winding road than I would nearly any other vehicle, regardless of power, price or prestige. It's not just that I prize top-down driving and enjoy the Miata's small size because it gives me more road to play with. I just find there's more motoring joy to be had with high-fidelity handling and an uncorrupted car-to-driver communication loop than I do with face-distorting power or grip – let alone valet-stand gravitas. But perhaps most of all, I love Miatas because they can deliver that level of feedback and driver reward at modest speeds that won't put the locals on edge or endanger lives – you can use more of the car more of the time.