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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 sees 'strong year' in 2018, then gold in Chevy Silverado for 2019

DETROIT — General Motors said on Tuesday it expects earnings in 2018 to be largely flat compared with 2017, but that profits should pick up pace in 2019 as its revamped line of high-margin pickup trucks hits the U.S. market. The 2018 earnings outlook was above market expectations, sending GM shares up more than 3 percent in premarket trading. "GM had a very good 2017 as we continued to transform our company to be more focused, resilient and profitable," GM Chief Executive Mary Barra said in a statement. "We are positioned for another strong year in 2018 and an even better one in 2019." GM and its Detroit rivals, Ford and Fiat Chrysler Automobiles, are bringing on new trucks at a time when overall U.S. new vehicle sales have been falling, but truck sales continue to grow as consumers abandon passenger cars in favor of pickups, SUVs and crossovers. GM on Saturday fired a new round in the battle for profits from one of the U.S. auto industry's most lucrative segments when it showed a new generation of its Chevrolet Silverado pickup truck at the Detroit auto show. The new Silverado, a highlight of the event, is the successor to GM's best-selling vehicle in North America. Sales of the current Silverado rose nearly 2 percent to 585,000 vehicles in 2017. In the coming months, the company will also reveal a revamped GMC Sierra pickup truck. U.S. new vehicle sales fell 2 percent in 2017 after hitting a record high in 2016, and are expected to drop further in 2018 as interest rates rise and more late-model used cars return to dealer lots to compete with new ones. GM said on Tuesday that while it retools a factory in Ft. Wayne, Indiana, to make the new pickup trucks, it will shift some production to an Oshawa, Ontario, plant in order to avoid missing sales in a hot market for the vehicles. The No. 1 U.S. automaker said it will record a $7 billion non-cash charge for its fourth-quarter 2017 earnings related to deferred tax assets. GM said it expects capital expenditure in 2018 of around $8.5 billion, about $1 billion of which will go toward funding self-driving car technology. Last week, the company said it is seeking U.S. government approval for a fully autonomous car — one without a steering wheel, brake pedal or accelerator pedal — to enter the automaker's first commercial ride-sharing fleet in 2019. GM said it expects 2017 earnings per share at the high end of its previously forecast range of $6 to $6.50.

Nissan sells 3,117 Leaf EVs in May, climbs over 3,000 for first time ever

Chalk up a big win for the Nissan Leaf. In May, the world's most popular electric vehicle sold a record 3,117 units, the first time any pure electric vehicle has sold over 3,000 units in a month in the US (unless Tesla managed that feat but rolled the number into a quarterly report). This marks the 15th month in a row of record Leaf sales and the seventh where the Leaf was the top EV seller in the US. The challenge bar is set for someone to step up to compete with this all-electric wunderkind. Chevrolet did sell over 3,000 Volts once, in August 2013. The Leaf's one long-standing competitor, of a sort, is the Chevy Volt, which used to regularly outsell the Leaf but moved only 1,684 units in May. That's still an increase of 4.8 percent over 2013 but is part of a 4.5 percent decline in year-to-date Volt sales for 2014 compared to last year. The last time the Volt outsold the Leaf was October 2013. Chevrolet did sell over 3,000 Volts once, when it moved 3,351 in August 2013. Let's take another look at those 3,117 Leafs sold last month. They represent a 45.8 percent increase over May 2013, when 2,138 Leaf EVs were sold, so someone is doing something right in Japan and Tennessee. So far, Leaf sales in the US are up 36.4 percent year-to-date, to 10,389 EVs. That's just under half of the 2013 total, and it was accomplished in five months. In 2013, Nissan sold a total of 22,610 Leafs. Anyone want to hazard a guess where the total will be at the end of the year? As always, we'll have our detailed monthly sales write-up including other plug-in vehicles as well as hybrids and diesel car, up soon. For now, though, the big news is big Leaf sales. Read Nissan's press release below. Nissan Group reports May 2014 U.S. sales May 2014 May 2013 % Change Nissan Group Total sales (units) 135,934 114,457 +18.8 Nissan Division May sales 125,558 106,558 +17.8 Infiniti May sales* 10,376 7,899 +31.4 NASHVILLE, Tenn. – Nissan Group today announced total U.S. sales for May 2014 of 135,934 units, an increase of 18.8 percent over the prior year and a May record. Nissan highlights: Nissan Division set a May record at 125,558 sales in the month, an increase of 17.8 percent. This marks a monthly record for Nissan division in 14 of the last 15 months. May was the best-ever month for Nissan LEAF with 3,117 sales, an increase of 45.8 percent over the prior year. In May, LEAF passed 50,000 total U.S. sales since launch, further establishing it as the leader among electric vehicles.