2009 Chevrolet Silverado 1500 Crew Cab Lt Z71 4x4 on 2040-cars

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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

IIHS: High numbers of drivers treat partially automated cars as fully self-driving

WASHINGTON — Drivers using advanced driver assistance systems like Tesla Autopilot or General Motors Super Cruise often treat their vehicles as fully self-driving despite warnings, a new study has found. The Insurance Institute for Highway Safety (IIHS), an industry funded group that prods automakers to make safer vehicles, said on Tuesday a survey found regular users of Super Cruise, Nissan/Infiniti ProPILOT Assist and Tesla Autopilot "said they were more likely to perform non-driving-related activities like eating or texting while using their partial automation systems than while driving unassisted." The IIHS study of 600 active users found 53% of Super Cruise, 42% of Autopilot and 12% of ProPILOT Assist owners "said that they were comfortable treating their vehicles as fully self-driving." About 40% of users of Autopilot and Super Cruise — two systems with lockout features for failing to pay attention — reported systems had at some point switched off while they were driving and would not reactivate. "The big-picture message here is that the early adopters of these systems still have a poor understanding of the technologyÂ’s limits," said IIHS President David Harkey. The study comes as the National Highway Traffic Safety Administration (NHTSA) is scrutinizing Autopilot crashes. Since 2016, the NHTSA has opened 37 special investigations involving 18 deaths in crashes involving Tesla vehicles and where systems like Autopilot were suspected of use. Tesla did not respond to requests for comment. Tesla says Autopilot does not make vehicles autonomous and is intended for use with a fully attentive driver who is prepared to take over. GM, which in August said owners could use Super Cruise on 400,000 miles (643,740 km) of North American roads and plans to offer Super Cruise on 22 models by the end of 2023, did not immediately comment. IIHS said advertisements for Super Cruise focus on hands-free capabilities while Autopilot evokes the name used in passenger airplanes and "implies TeslaÂ’s system is more capable than it really is." IIHS in contrast noted ProPILOT Assist "suggests that itÂ’s an assistance feature, rather than a replacement for the driver." NHTSA and automakers say none of the systems make vehicles autonomous. Nissan said its name "is clearly communicating ProPILOT Assist as a system to aid the driver, and it requires hands-on operation.

Bring back the Bronco! Trademarks we hope are actually (someday) future car names

Trademark filings are the tea leaves of the auto industry. Read them carefully – and interpret them correctly – and you might be previewing an automaker's future product plans. Yes, they're routinely filed to maintain the rights to an iconic name. And sometimes they're only for toys and clothing. But not always. Sometimes, the truth is right in front of us. The trademark is required because a company actually wants to use the name on a new car. With that in mind, here's a list of intriguing trademark filings we want to see go from paperwork to production reality. Trademark: Bronco Company: Ford Previous Use: The Bronco was a long-running SUV that lived from 1966-1996. It's one of America's original SUVs and was responsible for the increased popularity of the segment. Still, it's best known as O.J. Simpson's would-be getaway car. We think: The Bronco was an icon. Everyone seems to want a Wrangler-fighter – Ford used to have a good one. Enough time has passed that the O.J. police chase isn't the immediate image conjured by the Bronco anymore. Even if we're doing a wish list in no particular order, the Bronco still finds its way to the top. For now (unfortunately), it's just federal paperwork. Rumors on this one can get especially heated. The official word from a Ford spokesman is: "Companies renew trademark filings to maintain ownership and control of the mark, even if it is not currently used. Ford values the iconic Bronco name and history." Trademarks: Aviator, AV8R Company: Ford Previous Use: The Aviator was one of the shortest-run Lincolns ever, lasting for the 2003-2005 model years. It never found the sales success of the Ford Explorer, with which it shared a platform. We Think: The Aviator name no longer fits with Lincoln's naming nomenclature. Too bad, it's better than any other name Lincoln currently uses, save for its former big brother, the Navigator. Perhaps we're barking up the wrong tree, though. Ford has made several customized, aviation themed-Mustangs in the past, including one called the Mustang AV8R in 2008, which had cues from the US Air Force's F-22 Raptor fighter jet. It sold for $500,000 at auction, and the glass roof – which is reminiscent of a fighter jet cockpit – helped Ford popularize the feature. Trademark: EcoBeast Company: Ford Previous Use: None by major carmakers.