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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

2008-2009 Pontiac G8 recalled over airbag concern

General Motors is recalling around 38,000 Pontiac G8 sedans from its 2008 and 2009 model years. The National Highway Traffic Safety Administration reports that the cars may have a passenger-side airbag flaw that might prevent proper deployment in certain scenarios.
According to NHTSA, the airbag might not adequately protect a fifth percentile woman - that is, a woman around four-foot, 11-inches weighing 108 pounds. The New York Times indicates that the anomaly was found during a crash test conducted by GM's Australian branch, Holden, which was testing the G8's twin (read: Commodore) for head injuries. According to that report, the test in question is specifically tailored to simulate injuries to females, so the results do not apply to men or children.
The issue has been blamed on a seat position sensor that governs airbag deployment rates. NHTSA indicates that when the front passenger seat is moved all the way forward, the faulty sensor may inappropriately trigger a 30-millisecond delay between airbag stages, potentially leading to greater injuries.

One of Burt Reynolds' favorite cars could be yours

LOS ANGELES — One of Burt Reynolds' favorite cars is going up for auction in June along with some of his cowboy boots, hats, sports jackets and other items from his estate, Julien's Auctions said on Friday. The two-day auction in Beverly Hills, authorized by the actor's family, comes almost a year after the death at age 82 of the charming star who was one of Hollywood's favorite actors. The highlight of the auction is a 1979 Pontiac Trans Am car that Reynolds used on photo shoots and drove on the Bandit Run cross country rally, which re-enacts the journey at the center of his 1977 film "Smokey and the Bandit." The car, which Reynolds co-owned with his business partner Gene Kennedy, is expected to fetch up to $500,000 at auction, Julien's said in a statement. Two pairs of leather cowboy boots — one red and one yellow — are also offered for sale with estimates ranging from $800 to $2,000 a pair, along with two cowboy hats. Reynolds started out as a football player at Florida State University (FSU) before injuries suffered in a car crash wrecked his hopes of a professional career. But his attachment to FSU remained strong. The auction includes several custom or personalized FSU baseball, basketball and varsity jackets. Other highlights include an oil on canvas painting of the actor's favorite horse titled "Cartouche," which carries an estimate of $20,000 - $30,000. Other art works, furniture and dozens of personal items are also being offered for sale. The auction will take place in Beverly Hills on June 15 and 16, and will be preceded by a public exhibition of some of the items from June 10-14. Reynolds, who was also known for the 1960s television series "Gunsmoke" and the movies "Deliverance" and "Boogie Nights,"" died of a heart attack in Florida in September 2018. Reporting by Jill Serjeant.