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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

Buick Encore, Chevy Trax earn Top Safety Pick from IIHS [w/video]

The Buick Encore has been a massive sales success practically from the moment it debuted, and Buick recently decided to increase production to keep up with demand for the premium compact crossover. The Insurance Institute for Highway Safety recently put one to the test again, and the Encore earned a Top Safety Pick award. It's the first model from the brand to score the nod since 2013, according to the IIHS, and the rating also carries over to the 2015 Chevrolet Trax. The 2015 Encore scored a Good rating in all of the IIHS' evaluations, including the 40-mile-per-hour, small overlap front crash test. That was a big improvement over the previous model the institute tested, which scored a Poor result in the overlap test. In the first test, about 13 inches of the lower door hinge pillar came into the passenger compartment, and the steering wheel airbag moved too far to protect the dummy's head. Improvements for the latest model year showed six inches of intrusion this time, and the airbags caught the dummy's head well. The dummy's sensors also indicated a low risk of injury. The two CUVs missed out on the full Top Safety Pick+ because the IIHS scored the Encore as only having a basic front crash prevention system, and there was no such equipment for the Trax. To earn the highest mark, models need at least an advanced rating by the institute for this technology. Buick Encore, Chevrolet Trax earn 2015 TOP SAFETY PICK award ARLINGTON, Va. - A small SUV is the first vehicle from the Buick brand to qualify for a TOP SAFETY PICK award from the Insurance Institute for Highway Safety since 2013. The Buick Encore's newly introduced, lower-priced twin, the Chevrolet Trax, also qualifies for the honor. The Encore's award follows improvements to the SUV's structure for better small overlap front protection. The 2015 model earns a good rating in the small overlap test. In contrast, the 2013-14 Encore rated poor in the test. The driver's space was seriously compromised with intrusion measuring as much as 13 inches at the lower door hinge pillar. The dummy's head barely contacted the front airbag before sliding off the left side, as the steering column moved to the right. The side curtain airbag deployed too late and didn't have sufficient forward coverage to protect the head. In the latest test, the driver space was maintained reasonably well, with maximum intrusion of 6 inches at the door hinge pillar and instrument panel. The dummy's movement was well-controlled.

Mysterious white powder discovered at GM Orion Assembly

Workers at General Motors Orion Assembly Plant in Orion Township, MI uncovered a mysterious white powder in two different parts of the factory earlier this week, raising concerns about worker safety. "We can confirm that an unknown substance (white powder) was found on the floor outside of Gate 6 at Orion Assembly on Monday, August 29. On Tuesday, August 30, we had a second report of a bottle containing a similar substance found inside the plant," GM spokesperson Dayna Hart told The Oakland Press via email. GM stressed that incident didn't disrupt operations at the plant, and that the company was taking steps to ensure the safety of the sprawling factory's workers. That did include, an anonymous worker told The Oakland Press, closing off parts of the factory for two full days, as drug-sniffing dogs and crews in haz-mat suits descended on the area. "A sample of the substance has been sent to a laboratory for identification and results are expected later this week," Hart said. "All findings and actions have been shared with our employees." Orion Assembly currently builds the Chevrolet Sonic and Buick Verano, and will eventually be responsible for production of the new, all-electric Chevy Bolt early next year. Related Video: