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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

Porsche Sports Car Together Fest is a labor of many Porsche loves

Over Labor Day Weekend, Porsche held its second annual Sports Car Together Fest (SCTF) at the Indianapolis Motor Speedway. We happened to be nearby, so we swung by to check out an event we’d never heard of until a few weeks before. Reading about it on Porsche's U.S. web site made us think it would be something like Rennsport Reunion for the Midwest. Turns out SCTF is just as much of a different kind of fun. The fest Tom MooreÂ’s the man behind Dark Horse Motorsports, the motorsport consultant for Porsche Cars North America (PCNA) PR. "People love Rennsport Reunion, but thatÂ’s every three to four years," he explained. “We wanted to gather people on those off years, and we didn't want to just do a mini Rennsport, because thatÂ’s its own thing. WeÂ’ve maintained the motorsport history at Rennsport. Here [at SCTF], we're doing the current look at what Porsche racing is for." In this case, that means gathering what Moore called "our Porsche motorsport pyramid." ThatÂ’s the range of enthusiast drivers from novice to hotshoes trying to get to top-tier endurance racing, "[starting] with the progression from Porsche Club of America track days up to the top of the ladder of one-make racing in North America," the Carrera Cup North America, a series made up of nothing but the latest 500-horsepower 911 GT3 Cup cars.  The three days of racing action allowed almost any kind of Porsche owner interested in clipping apexes to compete around an Indianapolis Motor Speedway layout tweaked with an infield section. This year, that included ex-NASCAR star Jeff Gordon, coming out of retirement to reunite with his longtime NASCAR crew chief Ray Evernham for the top-class Cup races.  Evernham told us Gordon hasnÂ’t raced in five years and he hasnÂ’t been a crew chief in 22. On very short practice, Gordon finished in 14th in the Pro Class in the first Carrera Cup race of the weekend driving the #24 Hendrick Performance Group Porsche, and 11th in the second race. Afterward, he said, "I made a pass on the white flag lap. That made my whole weekend Â… I must say that yesterday, I thought ‘man, I am getting beat out hereÂ’ and I donÂ’t like that. If I am going to be in an environment like this, I want to be competitive. But today turned the corner for me. So, I hope I get to do another one day."  When we strolled the paddock after the event, exposed sheet metal proved "Rubbing is racing" is a thing in the Carrera Cup as well as NASCAR.

2.1 million vehicles recalled again over faulty airbags

Fiat Chrysler Automobiles, Honda and Toyota will recall 2.1 million vehicles to fix faulty airbag modules "after the manufacturers' original attempts to fix the defects proved ineffective in some vehicles." These vehicles had all previously been recalled, but the National Highway Traffic Safety Administration found that the airbags could still potentially malfunction. This recall will cover Acura MDX, Dodge Viper, Jeep Grand Cherokee, Honda Odyssey, Pontiac Vibe, Toyota Corolla, Toyota Matrix and Toyota Avalon models made in the early 2000s. NHTSA has reportedly received about 40 reports of airbag deployment in such vehicles, even though the vehicle had not been involved in a crash. Roughly one million of these same vehicles, all from Honda and Toyota, are also subject to recalls due to faulty Takata airbag modules, though this particular recall is for "an electronic component manufactured by TRW" that is separate from the actual airbags from Takata. According to NHTSA Administrator Mark Rosekind: "This is unfortunately a complicated issue for consumers, who may have to return to their dealer more than once. But this is an urgent safety issue, and all consumers with vehicles covered by the previous recalls should have that remedy installed. Even though it's a temporary solution until the new remedy is available, they and their families will be safer if they take the time to learn if their vehicle is covered and follow their manufacturers' instructions. A hassle is much better than a family tragedy." If you're the owner of an affected car, expect to hear more from the official automaker and government channels in short order. In the meantime, we'd suggest getting your car checked and fixed at your local dealer. The official statement and recall information can be found below. Previously Recalled Vehicle Remedies Not Working as Designed; NHTSA Announces Follow up Recall of 2.12 Million Cars and SUVs Saturday, January 31, 2015 Contact: Gordon Trowbridge, 202-366-9550, Public.Affairs@dot.gov WASHINGTON – U.S. Transportation Secretary Anthony Foxx announced today the recall of more than 2.12 million Acura, Dodge, Jeep, Honda, Pontiac, and Toyota vehicles for a defect that may cause airbags to deploy inadvertently. The recalls will provide vehicle owners with a new remedy after the manufacturers' original attempts to fix the defects proved ineffective in some vehicles.