Auto blog

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

A case for Pontiac's return

Sadly, many brands have disappeared off of the automotive landscape over the decades. Many people have imagined over the years of restarting defunct automotive brands. A few of those dreamers even made prototypes to shop around and to established connections with investors. But, alas poor Yorick, however valiant an effort, many brands are shuttered for good, rarely to be heard of again except in historical tales or maybe seen in car shows. So, what do you do when you win the lottery? Not just any lottery... In fact, it is a lottery that takes care of you and your loved ones for life? You and your family don't have to work, ever. You can give to charity, pay other people to do those projects that you've been putting off, and so on and so on. But, you're still a Car Nut right? There begins the conundrum. Do you buy and fix cars, new premium cars, old muscle cars, or classics, or maybe, just maybe, do you buy the rights to an old departed automotive brand and bring it back to life. Hmm. Which brand? The problem with the old Pontiac was that it was an additional badge engineered vehicle in the portfolio of GM. The meant the brand was diluted by competition from its own parent company, in addition to the competition outside the camp. So, if it were to come back, it would have to be different. Yet, it would still need to keep true to its roots at the same time in order to wake up its armies of existing fans. Even those that aren't fans of Pontiac cannot deny that Pontiac has a long heritage of legendary vehicles. So do Packard, and Studebaker, and others. So, why would a lottery winner choose Pontiac as the marque to bring back? That's easy! Pontiac's long heritage is closely tied to performance vehicles that made many of a teenager drool. Even more important though is that Pontiac is still fresh on people's minds. The brand itself is only recently departed. So, Boomers, Generation X, and Millenials all would all be able to identify with it as opposed to brand names that disappeared multiple decades ago and that now have a more limited appeal. The return of Pontiac couldn't just be another launch of a badge engineered vehicle. It would have to be performance oriented, yes. But, it would have to be unique in some way, a niche brand. What niche though? Look at the automotive landscape now and you see that Tesla is the one out there grabbing at the wide open electric niche with success.

Airbag recall adds 85k Pontiac Vibes to tally

The repairs needed for the faulty airbag inflators supplied by Takata continue to expand. Toyota initially announced a recall of 766,300 vehicles equipped with the bad part on June 11 as a followup to a campaign from 2013. Soon after, the National Highway Traffic Safety Administration opened a preliminary evaluation into five automakers who also used the component in their models. Now, NHTSA has released the official announcement of the latest Toyota recall listing 844,277 affected cars, including the newly added 2003-2004 Pontiac Vibe.
While NHTSA's document didn't include a model-by-model breakdown, General Motors spokesperson Alan Adler estimated to Autoblog that roughly 85,000 Vibes in the US would be covered under the latest recall. Like the rest of the affected models, the airbag inflator could rupture in a crash causing the bag not to work correctly, possibly spraying metal fragments at the occupant.
Toyota spokesperson Cindy Knight told Autoblog that the reason for the disparity between the earlier press release and NHTSA document was that Toyota was continuing to comb through VINs to create a list of affected vehicles. The original number was an estimate of that process at the time. Scroll down to the recall report from NHTSA.