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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 still deciding on one or two new 911 plug-in hybrids

Back in March, Porsche CEO Oliver Blume told Autocar that the coming Porsche 911 plug-in hybrid "will be the most powerful 911 we've ever had." That quote portended a 992-series 911 with 700 horsepower or more. A new report in Auto Express, however, suggests Porsche is having energetic debates about just what the 911's hybrid strategy will be, and that the only agreed-upon plug-in hybrid 911 so far is a milder version to sit in the middle of the range. Putting all our rumors in a row, in January, Automobile reported on an electrically-assisted 911 with 485 hp and 561 pound-feet of torque. The new AE piece effectively endorses that, saying the mid-range hybrid would follow the program established by the all-wheel drive Cayenne e-Hybrid that produces a combined 455 hp and 516 lb-ft. The 911 would naturally use a flat-six instead of the Cayenne's 3.0-liter V6, and the sports car would be tuned for better sound response and sharper reflexes. AE says fuel economy for this hybrid should be at least 80 eMPG, with emissions of less than 80 grams per kilometer. The current base Carrera is currently rated at a maximum 38.2 mpg in the UK, with minimum emissions of 169 g/km. The hybrid, fitted with a double-clutch gearbox and Porsche's mechanical all-wheel-drive system, could run from a stop to 62 miles per hour in less than four seconds, making it more efficient than a base Carrera and much faster than a Carrera 4S. AE says there remains only "the potential for Porsche to add a second, more powerful hybrid 911," and says its sources claim that's what's "causing the most consternation behind closed doors." This one would be the twin-turbocharged, 700-hp beastie that, as a series production car, would have a hard time not usurping the 540-hp Turbo, 580-hp Turbo S, and 607-hp Turbo S Exclusive. True, the hybrid would be handicapped with a 550-pound battery pack, but the instant acceleration and handling benefits of electric AWD — with no connection between the axles — could provide the final edge over the other three. As such, it makes sense that there'd be a whole lot of debate about a flagship 911 hybrid. On the other hand, such a monster seems like an eventuality in view of Porsche's electrified aspirations, the lessons gained from the 918 Hybrid and the 919 Hybrid Le Mans racer, and the fact that CEO Blume has already spoken. The Stuttgart carmaker expects a sales mix of 25 percent electric, 25 percent hybrid, and 50 percent conventional powertrains by 2025.

GM recalling another 2.7 million vehicles in five separate campaigns

The recalls keep rolling in from General Motors, evidently keen to avoid repeating the mistakes of the ignition-switch debacle and clean house. This time they're all coming at once, with five separate recalls announced together covering approximately 2.7 million vehicles.
The largest of the five actions involves over 2.4 million units of the previous-generation Chevrolet Malibu and Malibu Maxx, Pontiac G6 and Saturn Aura in order to fix brake light wiring harness, which have been found to be susceptible to corrosion. The recall is separate from the 56k Aura sedans which GM recently recalled over faulty shift cables, not to mention the previous massive recall of 1.3 million vehicles - some of them the same models - but appears to have resulted from the National Highway Traffic Safety Administration investigation that started with the G6 almost a year ago.
The second-largest campaign involves the 2014 Chevy Malibu, specifically those fitted with GM's 2.5-liter engine and stop/start system, approximately 140,000 examples of which has been found to have problematic brakes. The issue does not appear to be connected to the recall of 8k Malibu and Buick LaCrosse sedans (also involving brake woes) which we reported upon last week. Four crashes have been reported in such models, but GM admits it's not yet clear if the problem was a contributing factor in the accidents.