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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

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.

GM profits threatened by glut of pickups

Automotive News reports that General Motors may slash production or ramp up discounts in order to deal with an oversupply of pickup trucks. GM currently has more than double the standard supply of pickups, and the vehicles are threatening to dampen the automaker's profits for 2013. Typically, automakers try to sustain a 60- to 75-day supply of vehicles, but GM is currently loaded with a 139-day supply, as of last month. At the end of November, the automaker was sitting on 245,853 units.
The manufacturer says that it will adjust production accordingly before laying any incentives on the profitable pickups. Even so, there's some concern that the inventory swell could hurt the roll-out of the next-generation Chevrolet Silverado and GMC Sierra. GM actually began slowly stepping back production in August, but it's clear the company will take further action as it heads toward the end of the year and into the next. Analysts predict the automaker could reduce pickup manufacturing by nearly half in the first quarter of 2013.
That still may not be enough to keep GM from laying extra cash on the Silverado and GMC Sierra. While the company's incentive spending was down in November compared to the same month in 2011, both the Ram 1500 and Ford F-150 saw double-digit percentage increases in sales last month while the Silverado and Sierra numbers slid compared to a year prior. Incentive spending could help move more trucks and add some balance to the GM inventory surge.