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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

New recall issued in 2019 Chevy Silverado and GMC Sierra brake software saga

General Motors (GM) has issued a new recall for select 2019 Chevy Silverado 1500 and GMC Sierra 1500 pickup trucks that aims to resolve a faulty fix for a previous recall. According to National Highway Traffic Safety Administration (NHTSA) campaign No. 20V055000, a software update for the Electronic Brake Control Module (EBCM) could cause the electronic brake assist to be disabled.  The NHTSA first launched a recall for 463,995 Silverados, Sierras, and Cadillac CT6es on December 12, 2019 due to a software issue in the electronic brake control module (EBCM) that could disable the electronic stability control (ESC) and anti-lock braking system (ABS). As a response and resolution to that recall, GM began to reprogram the software in affected vehicles. GM later learned that the fix was creating a different problem. The installed software had its own error that was disabling the electronic brake assist. If customers see “Service Brake Assist” or “Service ECS" diagnostic warnings, they should park the vehicle and have it towed to a dealership, GM warns. While GM was going through the process of testing, pinpointing the issue, determining action and working with the NHTSA, safety experts have criticized Chevrolet and GMC for not reacting promptly and appropriately.  According to the recall, 148,055 are now affected, all of which do not meet the standards of Federal Motor Vehicle Safety Standard (FMVSS) number 126, "Electronic Stability Control" and 135, "Light Vehicle Brake Systems." To fix the braking issue, GM will once again reprogram the software. GM began notifying owners of the recall on February 10, 2020. Related Video:

GM will recall more than 3.3 million vehicles in China for suspension defect

BEIJING (Reuters) - General Motors' joint venture in China, Shanghai GM, will recall more than 3.3 million Buick, Chevrolet and Cadillac vehicles stating Oct. 20 because of a defect with the suspension system, China's market regulator said on Saturday. GM Shanghai said in a text message to Reuters that the suspension arm may be deformed under extreme operating conditions, but there are no known casualties related to the issue. The recall includes cars produced between 2013 and 2018, the State Administration for Market Regulation said in a statement. GM will contact those affected and repair the vehicles free of charge, it said. (Reporting by Josephine Mason and Hallie Gu; additional reporting by Yilei Sun; Editing by Shri Navaratnam and Michael Perry)Related Video: Image Credit: Qilai Shen/Bloomberg via Getty Recalls Buick Cadillac Chevrolet Safety