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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

Question of the Day: Worst year of the Malaise Era?

The Malaise Era for cars in the United States spanned the 1973 through 1983 model years, and featured such abominations as a Corvette with just 205 horsepower (from the optional engine!) and MGBs with suspensions jacked way up to meet new headlight-height requirements. There were many low points throughout this gloomy period, of course. The horrifyingly low power and fuel-economy numbers for big V8s during the middle years of the Malaise Era make a strong case for 1974 or 1975— the years of Nixon's resignation and the Fall of Saigon, respectively— as the most Malaisey years. But then the GM-pummeling debacles of the Chevy Citation and Cadillac Cimarron could make an early-1980s year the low point. 1979, the year of the ignominious Chrysler bailout? You choose! Related Video:

It won't be long now before Nissan Leaf finally overtakes Chevy Volt

The two best-selling plug-in vehicles ever are the Chevy Volt and the Nissan Leaf. When the two vehicles launched in late 2010, the plug-in hybrid Volt quickly outpaced the all-electric Leaf and, despite lots of ups and downs since then, continues to hold on to a cumulative sales lead. This will change in 2015. Cumulatively, from November 2010 through November 2014, the Volt sold 71,867 units while the Leaf trails with 69,220. That's a difference of just 2,647. Based on current trends (with the Leaf selling around 2,500-2,700 a month and the Volt at 1,500-1,700) we expect the Leaf to take over either in January or, more likely, February when the Leaf takes over as the most popular plug-in car in America. Perhaps even March, depending on how low the numbers are for January and February, which are always slow sales months in the US. Of course, once it takes the crown, the Leaf can't expect to easily hold on for long. A new Volt is coming in the second half of 2015, likely beating a new Leaf to market. The question is, then, how well the Chevy sells with all of its new bells and whistles. Do you think the Volt will be the comeback kid once the 2016 model becomes available? Featured Gallery 2013 Nissan Leaf View 55 Photos Green Chevrolet Nissan AutoblogGreen Exclusive Electric Hybrid ev sales hybrid sales