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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

GM recalling 70k Chevy Malibus, Pontiac G6s over steering issue

A problem with the power steering system in the Chevy Malibu and Pontiac G6 has prompted General Motors and the National Highway Traffic Safety Administration to issue a recall for an estimated 69,633 vehicles. The issue revolves around the electric power steering assist, which could suddenly fail and increase the risk of a crash, especially at low speeds where the power steering is most helpful. The recall affects 2006-2007 Chevy Malibu sedans and Malibu Maxx wagons (specifically those manufactured between April 1, 2006, and June 30, 2006), as well as the Pontiac G6 (which was offered as a sedan, coupe or convertible) from the same model years and manufactured from April 18, 2006, to June 30, 2006. Owners of the affected units can expect to hear from the manufacturer with instructions to bring in their vehicles to their local dealers to have the torque sensors in the power steering system replaced. RECALL Subject : Sudden Loss of Electric Power Steering , 1 INVESTIGATION(S) Report Receipt Date: FEB 04, 2015 NHTSA Campaign Number: 15V064000 Component(s): STEERING Potential Number of Units Affected: 69,633 Manufacturer: General Motors LLC SUMMARY: General Motors LLC (GM) is recalling certain model year 2006-2007 Chevrolet Malibu and Malibu Maxx vehicles manufactured April 1, 2006, to June 30, 2006, and 2006-2007 Pontiac G6 vehicles manufactured April 18, 2006, to June 30, 2006. In the affected vehicles, there may be a sudden loss of electric power steering (EPS) assist that could occur at any time while driving. CONSEQUENCE: If power steering assist is lost, greater driver effort would be required to steer the vehicle at low speeds, increasing the risk of a crash. REMEDY: GM will notify owners, and dealers will replace the torque sensor assembly, free of charge. The manufacturer has not yet provided a notification schedule. Owners may contact Chevrolet customer service at 1-800-222-1020 or Pontiac customer service at 1-800-762-2737. GM's number for this recall is 14772. Note: This is an expansion of recall 14V-153 to cover additional vehicles built between April 1, 2006 and June 30, 2006. NOTES: Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov.

GM program sees dealers taking on way more loaner cars

Given the volume of vehicles we're talking about, this is a significant development for GM's bottom line. Bring your car into the dealership for service, and you may need a loaner car in exchange. And with so many recalls being carried out, that means a lot of loaners – especially at General Motors dealerships. That could be one of the reasons why GM is massively expanding its loaner fleet program. While many Chevrolet and Buick-GMC dealerships have an on-site rental car location operated by a third party like Enterprise (which may or may not provide a GM vehicle), others manage their own loaner fleets. But while the range of dealerships operating such fleets was once small, reports Automotive News, the number has been growing rapidly: from the locations responsible for only 20 percent of those brands' sales two years ago to about 90 percent today. The impetus for that growth comes down to a massive expansion of GM's Courtesy Transportation Program. The initiative encourages dealers to ramp up their loaner fleet to a maximum size determined by GM, with a mix determined by the dealer itself, so that a showroom in Texas can be bolstered with a fleet of pickup trucks and a dealer in California can employ more Volt and Camaro Convertible loaners. The dealership gets a $500 credit for each vehicle its puts in its fleet, and can use those vehicles as loaners for service customers, as multi-day test drivers or to rent out separately. The vehicles remain in the dealer's fleet for 90 days or 7,500 miles, then they can be sold as used, but with new-car incentives. The dealer gets a fleet of loaners, customers get to use the loaners, try out a new car overnight or buy a barely used car with attractive incentives, and GM gets to clock more sales. But therein lies the kicker: the automaker counts the dispatch of the loaner new vehicle to the dealership as a new-car sale, which could end up distorting its sales figures. Counting loaner vehicles as sold vehicles is something of an industry-standard practice, but given the volume of vehicles we're talking about, this is a significant development for GM's bottom line. One dealership - Paddock Chevrolet in Kenmore, NY, for example - had no loaner fleet two years ago, but now runs a fleet of 50 vehicles. Multiply that by the 4,000 or so dealers GM has across America and you're talking about the potential for hundreds of thousands of these sorts of sales.