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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

Nissan Leaf has 2nd-best sales month ever, Chevy Volt does a 2013 repeat [UPDATE]

UPDATE: The official press release says that "Volt [sales were] up 7 percent," but Randy Fox let AutoblogGreen know that this is simply due to a change in the fleet/retail mix between March 2013 and 2014. The actual number sold was exactly the same in the two months. A month ago, Nissan's director of EV sales and marketing, Toby Perry, said he expected to see the Leaf's sales momentum continue into March. It wasn't a big leap, since January and February were slow sales months in 2013 (around 640 each) before a big climb to 2,200 in March. In 2014, the first two months of the year were better (around 1,300 each) but Nissan can still be happy that the Leaf just had the best March ever and its second-highest sales month ever, with 2,507 sold. That's a 12.1 percent increase from 2013 and Perry said in a statement to AutoblogGreen that one reason is all of the buyers who are becoming evangelists for the vehicle. "We've also seen an increase in showroom traffic as we enhanced our marketing presence in March," he said. Nissan pointed to cities like Washington, DC, Raleigh-Durham, NC and urban areas in Texas as strong Leaf markets last month. On the Chevy Volt front, January and February were also slow months in 2014, down roughly half from the 2,000-ish the plug-in hybrid was selling at the end of 2013. For 2014, sales were up slightly from the first two months of the year and Chevy spokesman Randy Fox told AutoblogGreen that the March number was "pretty flat, year-over-year." Even with that warning, we were surprised to see the total come in at 1,478. Why's that? Because the total for March 2013 was ... 1,478. So, yeah, that's pretty steady even if there were 26 selling days in March period this year compared to 27 last year. As always, our more complete report of last month's green car sales will be coming soon. News Source: General Motors, Nissan Green Chevrolet GM Nissan Electric Hybrid PHEV ev sales

Poor headlights cause 40 cars to miss IIHS Top Safety Pick rating

Over the past few months, we've noticed a number of cars and SUVs that have come incredibly close to earning one of the IIHS's highest accolades, the Top Safety Pick rating. They have great crash test scores and solid automatic emergency braking and forward collision warning systems. What trips them up is headlights. That got us wondering, how many vehicles are there that are coming up short because they don't have headlights that meet the organization's criteria for an "Acceptable" or "Good" rating. This is a revision made after 2017, a year in which headlights weren't factored in for this specific award. This is also why why some vehicles, such as the Ford F-150, might have had the award last year, but have lost it for this year. We reached out to someone at IIHS to find out. He responded with the following car models. Depending on how you count, a whopping 40 models crash well enough to receive the rating, but don't get it because their headlights are either "Poor" or "Marginal." We say depending on how you count because the IIHS actual counts truck body styles differently, and the Infiniti Q70 is a special case. Apparently the version of the Q70 that has good headlights doesn't have adequate forward collision prevention technology. And the one that has good forward collision tech doesn't have good enough headlights. We've provided the entire list of vehicles below in alphabetical order. Interestingly, it seems the Volkswagen Group is having the most difficulty providing good headlights with its otherwise safe cars. It had the most models on the list at 9 split between Audi and Volkswagen. GM is next in line with 7 models. It is worth noting again that though these vehicles have subpar headlights and don't quite earn Top Safety Pick awards, that doesn't mean they're unsafe. They all score well enough in crash testing and forward collision prevention that they would get the coveted award if the lights were better.