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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: Chevy and Alfa plot comeback strategies

Chevrolet and Alfa Romeo were two of the 20th Century's most iconic automotive brands. Chevy embodied America's post-war power and confidence. Alfa was the definition of the stylish Italian sports car. They reached halcyon heights in the 1950s and '60s, before declining precipitously amid new competition, changing consumer tastes, and uneven corporate management. Both say 2015 is the start of something better, and this week Chevy and Alfa laid out ambitious plans and showcased new cars that they hope will make them more relevant this year, and in the coming years. Each brand sits at its own crossroads, and their paths forward are as different as the Chevy Cruze and the Alfa Romeo Giulia. Chevy is still a sales beast, as evidenced by its volume of 4.8 million vehicles sold around the world last year. Chevy executives are fond of saying one of their cars is sold every seven seconds, which illustrates the strength and reach of a car brand that is the fourth largest in the world. "Make no mistake about it, we are a brand for the people," said General Motors North America president Alan Batey. But he wants consumers to want to buy a Chevy for its design and technology, not simply because it's affordable. That starts with all Chevys now featuring a distinctive a family look, with sporty cues from the Corvette or strong lines that riff on the Silverado pickup. "We want people to fall in lust with our cars," said Mike Pevovar, executive design director for Chevy passenger cars. "That initial emotional attraction has to be right on the exterior, and that's where form comes into play." Chevy is also loading up its cars, like the freshly unveiled 2016 Chevy Cruze, with technology to appeal to a younger crowd that prizes connectivity. The Cruze will offer Apple CarPlay and Android Auto with its MyLink infotainment system, and OnStar with 4G LTE and wifi. Seeking out younger buyers is also sound business practice: Millennials now outnumber Baby Boomers as the largest single age group in the United States. Younger buyers also can improve a brand's image, which is another area where Chevy would like to improve. Chevy ranks 82nd on Interbrand's Best Global Brand's list, behind 11 other automakers. Apple is No. 1. "We need our own variation of the Genius Bar," Batey said. 2016 Alfa Romeo Giulia View 3 Photos Meanwhile, Alfa is in different shape.

General Motors shaking up its marketing... again

One of the things that dogs the full comeback of General Motors is the instability of its marketing. That part of the automaker got yet another big shakeup today when GM confirmed what I have been tweeting for a few days - strong rumors that the Chevrolet and Cadillac ad accounts are walking to new ad agencies.
Cadillac, GM's luxury brand, is going into review from Fallon Worldwide, Minneapolis and the indications are that Campbell-Ewald, Chevy's old ad shop, will end up with most or all of it. C-E just announced that it was moving from its long-time home in Warren, MI to a new downtown Detroit office next to Ford Field, just blocks from GM.
The other shoe to drop shortly will be the shift of GM's most important brand, Chevy, from Goodby, Silverstein & Partners of San Francisco to McCann-Erickson of Troy, MI. McCann used to be the agency for Buick and GMC, as well as GM's corporate advertising, and has retained some pieces of business over the last few years. Sources have even told us that it was McCann that did a lot of the creative work on Chevy's new ad platform, Find New Roads. (Not to be confused with a former McCann tagline for Saab, "Find Your Own Road.")