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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

Poor headlights cause 40 cars to miss IIHS Top Safety Pick rating

Over the past few months, we've noticed a number of cars and SUVs that have come incredibly close to earning one of the IIHS's highest accolades, the Top Safety Pick rating. They have great crash test scores and solid automatic emergency braking and forward collision warning systems. What trips them up is headlights. That got us wondering, how many vehicles are there that are coming up short because they don't have headlights that meet the organization's criteria for an "Acceptable" or "Good" rating. This is a revision made after 2017, a year in which headlights weren't factored in for this specific award. This is also why why some vehicles, such as the Ford F-150, might have had the award last year, but have lost it for this year. We reached out to someone at IIHS to find out. He responded with the following car models. Depending on how you count, a whopping 40 models crash well enough to receive the rating, but don't get it because their headlights are either "Poor" or "Marginal." We say depending on how you count because the IIHS actual counts truck body styles differently, and the Infiniti Q70 is a special case. Apparently the version of the Q70 that has good headlights doesn't have adequate forward collision prevention technology. And the one that has good forward collision tech doesn't have good enough headlights. We've provided the entire list of vehicles below in alphabetical order. Interestingly, it seems the Volkswagen Group is having the most difficulty providing good headlights with its otherwise safe cars. It had the most models on the list at 9 split between Audi and Volkswagen. GM is next in line with 7 models. It is worth noting again that though these vehicles have subpar headlights and don't quite earn Top Safety Pick awards, that doesn't mean they're unsafe. They all score well enough in crash testing and forward collision prevention that they would get the coveted award if the lights were better.

NHTSA could add 1M cars to GM recall

The Detroit Free Press is reporting that the National Highway Traffic Safety Administration may expand a recall campaign for faulty brake lamps. The agency is currently looking into complaints that certain 2004-2011 Chevrolet Malibu models as well as some 2007-2009 Saturn Aura sedans may have brake lights that do not illuminate when the driver presses the pedal. Alternatively, the lamps may also illuminate without input from the driver. General Motors recalled 8,000 Pontiac G6 models from the 2005 model year for the same problem, and NHTSA is currently investigating whether to add 550,000 more G6 models built between 2005 and 2009 to the list for the same issue.
In addition, investigators are currently examining 97 complaints from Malibu and Aura owners with the same trouble. If NHTSA adds those models to the recall campaign, more than one million units could be covered. GM, meanwhile, says there have been no accidents or injuries as a result of the problem.