1980 Chevrolet Suburban T141254 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

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:

Use this PowerPoint when convincing your spouse to let you buy a Corvette

When you are not the one in charge of the purse strings, creativity is a must when trying to get the string-holder to bankroll that next shiny object you just can't live without.
When I was a kid, I decided that life wasn't worth living if it weren't in pursuit of owning a GMC Typhoon. My 12-year-old self crafted a fiscal strategy that, when combined with my offer of a 49-percent share of ownership in the car in return for my parents' contribution of 80-percent of the purchase price, would see me behind the wheel of a Typhoon by the time I hit college. They walked away from the negotiating table and, the economic climate of the 8th grade being what it was at the time, another partner wasn't found before the Typhoon was discontinued.
Roy El-Rayes, however, has succeeded where 12-year-old me failed, and he did it by using the sort of professionalism that only a PowerPoint presentation can provide, along with some humor and bold-faced flattery.