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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

Here are a few of our automotive guilty pleasures

It goes without saying, but I'll say it anyway. The world is full of cars, and just about as many of them are bad as are good. It's pretty easy to pick which fall into each category after giving them a thorough walkaround and, more important, driving them. But every once in a while, an automobile straddles the line somehow between good and bad — it may be hideously overpriced and therefore a marketplace failure, it may be stupid quick in a straight line but handles like a drunken noodle, or it may have an interior that looks like it was made of a mess of injection-molded Legos. Heck, maybe all three. Yet there's something special about some bad cars that actually makes them likable. The idea for this list came to me while I was browsing classified ads for cars within a few hundred miles of my house. I ran across a few oddballs and shared them with the rest of the team in our online chat room. It turns out several of us have a few automotive guilty pleasures that we're willing to admit to. We'll call a few of 'em out here. Feel free to share some of your own in the comments below. Dodge Neon SRT4 and Caliber SRT4: The Neon was a passably good and plucky little city car when it debuted for the 1995 model year. The Caliber, which replaced the aging Neon and sought to replace its friendly marketing campaign with something more sinister, was panned from the very outset for its cheap interior furnishings, but at least offered some decent utility with its hatchback shape. What the two little front-wheel-drive Dodge models have in common are their rip-roarin' SRT variants, each powered by turbocharged 2.4-liter four-cylinder engines. Known for their propensity to light up their front tires under hard acceleration, the duo were legitimately quick and fun to drive with a fantastic turbo whoosh that called to mind the early days of turbo technology. — Consumer Editor Jeremy Korzeniewski  Chevrolet HHR SS: Chevy's HHR SS came out early in my automotive journalism career, and I have fond memories of the press launch (and having dinner with Bob Lutz) that included plenty of tire-smoking hard launches and demonstrations of the manual transmission's no-lift shift feature. The 260-horsepower turbocharged four-cylinder was and still is a spunky little engine that makes the retro-inspired HHR a fun little hot rod that works quite well as a fun little daily driver.

GM knew about fatal Chevy ignition problem decade before recall

Well, this is not good for General Motors. Following a report last week that GM was recalling 778,000 Chevrolet Cobalt and Pontiac G5 compacts over concerns that the ignition could switch out of the "run" position without warning, USA Today reports that the Detroit-based behemoth knew about the issue, which affected 2005 to 2007 Cobalts (the Cobalt shown above and in the gallery is from 2010) and 2007 Pontiac G5s, all the way back in 2004.
The information comes from a deposition in a civil lawsuit against GM, obtained by USA Today, which claims that a GM engineer experienced the issue while the then-new model was undergoing testing. The issue was "solved" when a technical service bulletin was issued in 2005, informing dealers to install a snap-on key cover on the cars of customers who complained about the issue. According to the Cobalt's program engineering manager, Gary Altman, the cover was an "improvement, it was not a fix to the issue."
The case where the depositions were made was from 2010, and involved Brooke Melton, a 29-year-old pediatric nurse in Georgia who was killed on her birthday. At the time, police claimed she was going too fast on a wet, rural road, although it later came out through the black box that her car's ignition had come out of the "run" position at least three seconds before the accident (the max amount of time a black box records before a wreck), disabling her airbags, power steering and anti-lock brakes. According to USA Today, police said Melton was "traveling too fast for the roadway conditions," although it's impossible to know if she'd have been in the wreck, which injured the occupants of another vehicle, had her 2005 Chevy not shut off. GM settled the Melton family's case, although the details remain confidential.