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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

Performance cars overpower the Detroit Auto Show

At precisely the stroke of noon on Monday, the 2016 Acura NSX rolled on stage at the Detroit Auto Show amid plumes of smoke and dancing lights. The sounds of the powerful engine revving soared to the rafters. It was the second coming of Acura's iconic sports car, and the reveal had all of the expected trappings. Afterwards, champagne corks popped and the bubbly flowed. It was noon in Detroit, but for the green-car movement, it seemed like the clock had struck midnight. That's an exaggeration, but performance was the overwhelming theme of North America's most important show. Ford – which has helped lead the way in smaller displacement engines and early adoption of hybrid powertrains – had more than 1,500 horsepower on stage one point after it revealed the GT concept, the new F-150 Raptor and the Shelby Mustang GT350R. The NSX is technically a hybrid (it has three electric motors), but with 550-plus hp, there's no doubt this Acura was bred on the track. The theme continued throughout the show at nearly every stand. Alfa Romeo showed off the 4C Spider, which is the open-air version of a car that purports to be the spiritual successor of the high-performance 33 Stradale from 1967. On Tuesday, Cadillac is scheduled to reveal the 640-hp CTS-V with the V8 transplanted from the Corvette Z06, and the Lexus was expected to roll out its own V8-powered beast, the 467-hp GS F. For enthusiasts – especially enthusiasts with money – these are halcyon days. But make no mistake, all of this power has a purpose. Ford product chief Raj Nair said the Blue Oval uses high performance cars to develop technologies, like aerodynamics and materials, which are then shared across its lineup. "It's another proof point about how serious we are in developing innovation through performance," he said. Ford, which is rolling out at least 12 performance cars by 2020, said the sporty cars attract younger and more influential buyers to its fold, which can help burnish its image beyond adding sales volume. Toyota is taking a similar approach, senior vice president Bob Carter said, noting the Lexus RC coupe draws people into showrooms and gets them excited about the brand, even if they don't end up buying one. "They provide an aspiration and a halo that provides the attention that gets you noticed in a cluttered market," he said.

Cars with the most reckless drivers are full of surprises

Insurify is a site for comparing auto insurance quotes. Because insurance shoppers need to submit information like the vehicles they're driving and the infractions they've compiled while driving those vehicles, Insurify has quite the database of correlations tying certain models to a habit of breaking certain laws. When the site's data analysts decided to compile a list of the top ten models for reckless driving citations in the decade from 2010 to 2019, the ranking contained a few wild entries. The Dodge Challenger making the countdown will surprise precisely zero people. But the Saturn L200? First, a definition: USLegal.com defines reckless driving as "driving with a willful or wanton disregard for safety. It is the operation of an automobile under such circumstances and in such a manner as to show a willful or reckless disregard of consequences." So this list is a caution about particular drivers more than the cars. For a baseline, according to Insurify data, for any random model, 15 out of 10,000 people who drive that model have picked up one citation for reckless driving. Back to that Challenger, then. No shocker for being here, but it's actually number 10, with 44 out of 10,000 Challenger drivers nabbed for a willful disregard of consequences on the road. That's better than the first surprise entry, the Saturn L200, a sedan only on sale for six years, with the least horsepower on the list, and out of production since 2005. The data set put drivers of GM's extraterrestrial sedan at 45 reckless pilots per 10,000 drivers. There are two pickups on the list, the only modern one being the Ram 1500 at eighth, with a rate of 46 in 10,000. Somehow, drivers of the third-best-selling pickup in the U.S. outrun the overwhelming numerical superiority of the best-selling vehicle in the States, the Ford F-150. The other pickup is the Chevrolet K1500 at number five, with a rate of 56 in 10,000. This is not only the oldest vehicle on the list, it went out of production in 2002, before any other vehicle on the list. Between the trucks, the Volkswagen CC slotted in at seven with 47 in 10,000 reckless driving chits, the Cadillac ATS slipped into sixth with 48 in 10,000.  The top four is a bag of unexpected. The Nissan 370Z is the first hardcore sports car on the list at number four, with 61 in 10,000 Z drivers flaunting their Fairladys in the face of Johnny Law.