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GM isn't liable for punitive damages in ignition switch cases
Wed, Nov 20 2019NEW 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
Sunday Drive: Spying an automotive future of performance
Sun, May 13 2018I spy, with my little eye ... the future of the automotive world here in the United States. That pretty much sums up this week's Sunday Drive, in which we pull out the most popular stories on Autoblog of the previous week and try to draw some sort of conclusion as to what binds them all together. This week, it's spy shots, starting with one of the biggest and baddest muscle cars the world has ever seen: the Dodge Challenger Hellcat. The Hellish coupe gets a new hood for 2019 with dual scoops, but that's about the only meaningful change for the new model year. No matter. As long as it's packing 700-plus horsepower under those two hood scoops, all will be right with the world. Moving on, we take keep the performance angle but move it from the street to the dirt with a new version of the Chevy Colorado ZR2 that we think is probably called the Bison. We think it'll keep the high-tech suspension bits of the regular ZR2, but add expedition gear that may include a snorkel and a winch. Which, if true, is pretty dang cool. Keeping the truck theme is the 2019 GMC Sierra. There's nothing particularly noteworthy about the trim level in which the truck was spied, and that's what makes this specific example interesting. Base-model trucks almost never get much attention, but they sell in droves to workers who need an honest-to-goodness truck for work or play and don't care about bells, whistles, or massive chrome badges. And finally we have the 2018 Jeep Wrangler, which is on fire on the sales floor right now. But those are all V6-powered Wranglers flying off the showroom floor. Soon, a turbocharged four-cylinder engine option will become available, and now we know that it will return up to 23 miles per gallon in the city and 25 on the highway. That makes it the most fuel efficient Wrangler that Jeep has ever sold. As always, stay tuned to Autoblog this week for all the automotive news that's fit to publish. 2019 Dodge Challenger Hellcat with twin-scoop hood spied with no camouflage Chevy Colorado ZR2 Bison caught testing 2019 GMC Sierra 1500 spied in base trim level 2018 Jeep Wrangler four-cylinder fuel economy revealed Spy Photos Chevrolet Dodge GMC Jeep Truck Coupe SUV Off-Road Vehicles Performance dodge challenger srt hellcat sunday drive
General Motors CEO Provides Few Details In Appearance Before Congress
Wed, Apr 2 2014It was only two months ago that Mary Barra, freshly crowned as the new General Motors chief executive officer, visited Washington DC as an esteemed guest of First Lady Michelle Obama for the State of the Union address. On Tuesday, Barra returned to the Capitol under more strained circumstances. For more than two contentious hours, she took questions from members of a House of Representatives subcommittee investigating General Motors years-long delay in initiating a recall of millions of vehicles that contained a defect that has killed at least 13 people. Why did GM accept faulty ignition switches that were below the company's set specfications? Why did GM learn about the problem in 2001 yet take no action until 2014? Will GM compensate victims' families even though the company's bankruptcy may limit its liability? Those were a few of the questions members of the House Oversight and Investigations Subcommittee asked. Few concrete answers were forthcoming. For her part, Barra sidestepped most of the questions, saying she wouldn't have information needed to answer them until an internal review is completed. David Friedman, the administrator of the National Highway Traffic Safety Administration, testified after Barra. The biggest news that emerged from the hearing was that General Motors has retained attorney Kenneth Feinberg to advise the company on its civil and legal responsibilities. He has made a career of resolving disputes and serving in a 'fixer' role, serving as the chief of the federal government's September 11th Victim Compensation Fund, as an administrator of compensation fund for victims of the BP Deepwater Horizon disaster and a similar fund for victims of the Boston Marathon bombing. Barra, who has been GM's CEO since January but been with the company since 1980, expects to meet with Feinberg on Friday, and have a concrete plan within the next 30-60 days. Yet Barra would not say for certain Tuesday that GM would compensate the victims at all. Despite repeated questions from Rep. Diana DeGette (D-Colo.), Barra did not outline the company's intentions. "I assume GM is hiring (Feinberg) to help identify the size of claims and then compensate the victims? Is that right," DeGette asked. "Is GM willing to put together some kind of a compensation fund for these victims that Mr. Feinberg will then administer?" "We've hired him to help assess the situation," Barra replied. "So really, there's no money involved at this point," DeGette asked.