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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

Next Chevy Silverado could get this built-in tailgate step

General Motors just received patent approval for a tailgate step in a pickup bed. And given the timing, don't be surprised if you see this on the upcoming 2019 Silverado pickup (not the mention its GMC Sierra twin), expected to arrive in late 2018. According to the patent, granted in December of last year, the whole mechanism is housed in the tailgate assemble. The magic happens when a portion of the top half of the tailgate swings down and a step folds out. There's also a handle that locks into position to help climb up into the bed. As trucks get bigger and taller over the years, it gets harder and harder to access the cargo bed. Ford's solution with the 2009 F-150 was a step that slides out from the end of the tailgate. Back then, Chevy made an ill-advised ad highlighting the feature for Ford. And while Howie Long mocked the F-150's "man step" Ford saw almost a third of its trucks with the option in the first year. The GM design seems to improve on Ford's idea as it appears to be wider and has a back to the lower step. That is, you don't have to worry about stepping through the ladder-rung design as on the F-150. Ford's tailgate step later spread to the F Super Duty, and other cargo access assists have proliferated through the truck world. On the most recent redesign, the Chevrolet Silverado took a trick from the Avalanche and added cutouts to the corners of the rear bumper that act as a foothold. Ford also offers a deployable side step, Chevrolet has running boards that scoot rearward with a kick of the boot, and Ram offers fixed wheel-to-wheel side rails. Nissan is in on the game too, with an optional folding step that tucks under the rear bumper. We don't expect Chevrolet to comment on when or if we'll see this feature in the showrooms. But given that engineers are already hard at work on the next Silverado and the timing of this patent lines right up with the new truck's development cycle, we'll be disappointed if this patent stays in the file cabinet. Related Video:

GM recalls 3.6 million vehicles for airbag-software problems

The Basics: General Motors is recalling 3.64 million vehicles across its lineup for an airbag-related issue. The recall covers the 2014-2015 Buick LaCrosse, Chevrolet SS, and Spark EV; 2014-2017 Chevrolet Corvette, Trax, Caprice PPV, Silverado 1500, Buick Encore, and GMC Sierra 1500; and 2015-2017 Chevrolet Tahoe, Suburban, Silverado HD, GMC Yukon, Yukon XL, Sierra HD, Cadillac Escalade, and Escalade ESV. The Problem: Affected vehicles have a sensing and diagnostic module that controls the airbags and seat-belt pretensioners. The software it uses has a defect that can prompt the module to run a diagnostic test under specific driving conditions, which will also deactivate the front airbags and pretensioners. This means that it would be possible for those safety systems to not activate in a crash, potentially leading to injury or death. Injuries/Deaths: General Motors began an investigation that led to the recall after a 2014 Silverado was involved in a crash in which the airbags did not deploy. No information was given as to injuries or deaths. The Fix: Owners can bring their vehicles to a local General Motors dealer where a software update will be installed to fix the issue. The fix will be free of charge. If you own one: General Motors will contact owners of affected cars, and owners can check whether their vehicles are affected by visiting entering their vehicle identification numbers at either the GM Owner Center website or the NHTSA website. Owners can then schedule a time to have the update installed. Related Video: