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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

Weekly Recap: BMW rolls out ambitious plug-in hybrid electric plan

"We believe that for the United States, this is going to be very important." – Julian Arguelles Let there be no doubt, BMW is serious about electric vehicles. The German automaker said this week it will make plug-in hybrid versions of all of its core models, an aggressive move that demonstrates its commitment to electric propulsion systems. BMW did not specify which vehicles will get the plug-in systems or provide a timeline for when they will arrive. But the announcement is clearly more than blustering, and the company revealed a 3 Series plug-in prototype this week at an event in France. BMW said the 3 Series uses a version of its 2.0-liter turbocharged four-cylinder engine (240 horsepower, 300 pound feet of torque) with an electric motor sandwiched between the engine and transmission in place of the torque converter. It has an all-electric range of 22 miles. A plug-in X5 with the same powertrain was also displayed alongside the 3 Series, though the X5 has been on the auto-show circuit for more than a year, including a recent stop in Los Angeles. Those two vehicles use "eDrive," and BMW's plans represent the first widespread transfer of its technology from development of the i3 and i8 models to more mainstream products. BMW said it's developing electric powertrains so they can be deployed rapidly across its range, and they are flexible enough to be used with fuel cells in future products. Enticingly, BMW is also working on a "Power eDrive" system, which debuted in a 5 Series GT concept at the event in France. This setup has two electric motors powered by a 20-kilowatt-hour battery pack, and when teamed with a four-cylinder turbo, pump out about 670 hp. Reinforcing BMW's commitment, the company will add more than 200 jobs at its factory in Dingolfing, Germany, to support electric-vehicle development. The moves come as BMW and other automakers diversify their portfolios while fuel economy and emissions regulations are getting tighter around the world. The United States has set a 54.5-mpg CAFE requirement for the 2025 model year. BMW said the electric vehicles were developed with an eye toward the US market, its government policies and its wide-ranging commuting styles. "We believe that for the United States, this is going to be very important," spokesman Julian Arguelles said. Ben Scott, a senior analyst in London with automotive research firm IHS, said BMW's moves are expensive – but necessary – to keep pace with the market.

GM posts $4 billion third-quarter profit thanks to trucks and SUVs

DETROIT — General Motors is posting huge third quarter numbers, pulling in $4 billion in profit over three months after losing money due to the virus outbreak. GM's adjusted earnings were $2.83 per share, easily outpacing Wall Street's per-share projections of $1.43, according to a survey by FactSet. Revenue of $35.5 billion also edged out most expectations. Shares jumped almost 6% before the opening bell Thursday. The company swung back from a $806 million loss in the second quarter, when it was restarting factories shuttered for safety during the early stages of the pandemic. The Detroit automaker joined most global automakers in reporting better-than-expected earnings from July through September as sales across the globe started to rebound from coronavirus lockdowns, especially in China. GM sales in China jumped 12% in the third quarter, with sales of its Buick and Cadillac brands both rising more than 25%. In the U.S., GMÂ’s most profitable market, sales fell 9.9% in the third quarter compared with a year ago, but were a dramatic improvement over the 34% drop in the second quarter. Sales improved sequentially each month, the automaker said, an encouraging trend. GMÂ’s profit was boosted by higher-priced pickup trucks and large SUVs, which have seen strong sales in the U.S. through the pandemic. It was the best quarter on record for GM's Chevrolet Blazer. Sales of the Cadillac XT6 spiked 45% in the U.S. over last year. Large pickups also sold well. GM also said it was pumping $2 billion into its Spring Hill, Tennessee manufacturing plant to push its transition to produce electric vehicles. Last week, crosstown rivals Fiat Chrysler and Ford reported strong third-quarter net income. FCA said it made $1.4 billion for the period, while Ford earned $2.39 billion. Related Video: Earnings/Financials Buick Cadillac Chevrolet GM GMC