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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

What we know, and think we know, about the 2016 Chevy Volt

With the next-gen Chevy Volt due to make an appearance at the Detroit Auto Show early next year, bits and pieces about the new car are making their way into the press. Perhaps most importantly, the new Volt is going to have better "fuel economy and efficiency," according to GM executive vice president Mark Reuss. The current Volt gets 98 MPGe and 37 miles per gallon on premium fuel. It also has a 38-mile electric-only range. We don't know how GM will improve the efficiency or to what degree, but the logical options include making the car lighter, giving it better aerodynamics and/or improving the powertrain. To that end, one of the big things we don't know for sure includes information on the new gas-powered engine. Forbes says it will be a downsized 1.0-liter, three-cylinder mill instead of the 1.4-liter, four-cylinder used in the current model, which could certainly help the car be more efficient. The new Volt is also going to have more technology, which shouldn't surprise anyone. GM is now openly talking about how it will change the way it markets the Volt, shifting away from the mass-market mentality to focus on the regions where the car is already popular. "There's a Northeast and West Coast market for Volt, and there's nothing wrong with that," Chevy chief marketing officer Tim Mahoney told Forbes. There are rumors that the new Volt will have seating for five by adding a seat in the back. This is something a lot of current Volt owners would love, but we've heard nothing official hinting that this would be the case. We expect the battery to be the new 17.1-kWh version, or maybe even have a capacity increase, so GM would have to seriously repackage the pack to eliminate the ridge that runs from between the front seats and then back to the rear two seats. If you've heard anything official, do let us know.

Nissan Leaf makes it 19 in a row for record sales; Chevy Volt drops 21 percent

The Nissan Leaf continues its streak of "best month ever" sales with 2,881 EVs sold in September. Compared to the 1,953 sold in September 2013, that represents an increase of 47.5 percent and, as Nissan itself must be tired of saying by now, it marks yet another best month ever, same as last month and now the 19th in a row. Okay, sure, we know, Nissan will tout this run for as long as it can, but we're certainly expecting it each month, so if it ever doesn't happen, it'll be interesting to see how Nissan talks about it. Year-to-date, Leaf sales are up 35.7 percent compared to 2013. In any case, Nissan's director of EV marketing, Toby Perry, sent AutoblogGreen a statement that said, "Nissan Leaf owners have turned into some of our best marketers, and they jump at any opportunity to share their enthusiasm with friends and family. Take National Drive Electric Week – a grassroots celebration of all things EV and the perfect platform for LEAF owners to showcase the benefits of going electric. After celebrating with EV owners in more than 130 cities across the country, we saw a significant increase in Leaf showroom visits with midweek traffic just as heavy as what we see on the weekends." Year-to-date, Leaf sales are up 35.7 percent compared to 2013. Over on the Chevy Volt front, things aren't quite as rosy. After coming off a good August (the best sales month of 2014 by almost 500 units), Volt sales were down to 1,394, a decrease of 21.1 percent compared to September 2013. So far this year, Volt sales are down 13.2 percent year-over-year. It's kind of a stretch, but perhaps people are already waiting for the next-gen Volt, which will be revealed at the Detroit Auto Show in January, to go on sale? Speaking of things we say every month, our in-depth round-up of US green car sales is in process and will be appearing soon. Until then, please discuss how these two long-standing plug-in champs are doing on the sales floor. Green Chevrolet Nissan Electric Hybrid PHEV ev sales hybrid sales