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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 Takata problem results in recall of 414 GM vehicles

An airbag-inflator rupture discovered by Takata during testing has resulted in a new recall affecting 414 vehicles from General Motors, including 395 of them in the US. This latest campaign covers 2015 model-year examples of the Buick LaCrosse, Cadillac XTS, Chevrolet Camaro, Equinox, Malibu, and GMC Terrain. There are no reported breaks in any of these vehicles on the road, and the company estimates only one percent of them actually have the faulty parts. According to documents submitted to the National Highway Traffic Safety Administration (as a PDF), one side-airbag inflator failed a cold test at -40 Fahrenheit "releasing high pressure gas and propelling the separated components apart." The supplier told GM about the failure the next day. In these vehicles, the safety device might not only burst but the bag could inflate incorrectly, as well. GM and Takata say that a cause is not yet known, but they are "conducting an investigation." GM will begin notifying affected owners via overnight mail on Oct. 19. Dealers will replace the side airbag modules on all of the affected vehicles with new components outside of the suspect lot. All of the removed parts will also be collected for further study. Takata's faulty front airbag inflators have resulted in a serious scandal for the supplier. Initial figures indicated 34 million US vehicles are need of repair, though more recent figures have knocked that down to 23.4 million bad parts in 19.2 million automobiles. GM was already among the dozen automakers with models to fix, and some of its pickups were affected, along with the Saab 9-2X and Pontiac Vibe. GM Statement: General Motors is recalling 395 cars and crossovers in the U.S. because one of the front seat side air bags inflators may be defective. In the event of a deployment, the air bag's inflator may rupture and the air bag may not properly inflate. The rupture could cause metal fragments to strike the vehicle occupants, potentially resulting in serious injury or death. GM is unaware of any incidents involving vehicles with these components, which were part of a lot in which one inflator failed acceptance testing at the supplier. Dealers will replace the side air bag module or modules in affected vehicles. Including Canada, Mexico and exports, the total population of the recall is 414, GM estimates 1 percent of the recalled vehicles may have the defect.

Recharge Wrap-up: Toyota FCV Rally Car To Compete, Barra bullish on Chevy Volt

The Toyota FCV will compete in the last stage of the 2014 Japanese Rally Championship. The sport-tuned hydrogen-powered car will tackle the 177-mile Shinshiro Rally on November 1 and 2, emitting no greenhouse gases in the process. The rally course will help prove the safety of the vehicle before it goes on sale in Japan in the next several months. The Toyota FCV, rumored to be called "Mirai" in Japan, will begin sales there before April, according to Toyota, and in the summer in the US and Europe. Read more in the press release below. Carsharing is becoming more popular, and more visible, throughout the world, including the US. According to WardsAuto columnist John McElroy, 18 percent of US drivers have used some sort of carsharing service. Additionally, he says 60 percent of Americans are familiar with Zipcar and Uber. Mercedes' Harald Kroeger says promotions like free parking for carshares in Stuttgart are encouraging growth for Daimler's carsharing service, Car2go. Read more at WardsAuto. Ethanol is being help up by rail transport, according to ethanol producer Green Plains. More and more stations are carrying E15 blend gasoline, but grain producers have complained that crude oil is given higher priority by the rail lines shipping it, which rail companies deny. Union Pacific and BNSF Railway say they are stepping up service to make sure that ethanol can be shipped reliably to customers. Read more at Omaha World-Herald. General Motors "has placed a significant bet [on] the electrification of the automobile," says CEO Mary Barra. In a speech to the Detroit Economic Club this week, she spoke about the Chevrolet Volt, and its importance to GM's future. While Barra admits the Volt's success has been "not everything we wanted," it has provided experience, and shows that EVs have "an important role in the future of GM." The new Volt is more refined, stores more energy, has longer range, uses less fuel and is a big investment for Michigan. She announced that the new Volt's electric drive system will be built in Warren, and that all of its major components will be made in Michigan. "Silicon Valley doesn't have a corner on the market for innovation, creativity and drive," says Barra. "These qualities exist here – in this region – as well." See the speech's highlight video and read more in the transcript below. This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.