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GM isn't liable for punitive damages in ignition switch cases
Wed, Nov 20 2019NEW 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
GM knew about fatal Chevy ignition problem decade before recall
Fri, 21 Feb 2014Well, 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.
What's driving the spike in air-cooled Porsche 911 prices
Thu, Mar 26 2015Classic car prices have been racing skyward in general, but prices for air-cooled (pre-1999) Porsche 911s are ascending like they're strapped to rocket boosters. It's been going on for years, and every year people are surprised by how outrageous it's getting: Classic Driver covered it this month, as did The Truth About Cars who included this example of a "scruffy" 1993 RS America with 215,000 miles asking $80K; Mike Spinelli at Drive riffed on it at length last year along with a host of classic-car-market observers; Porsche forums were at it two years ago; and let's not even get into the 993 Turbo, going for prices so high you have to lie down to look at them. Speed Academy has run a piece looking at why it's happening, one theory being that regular-guy owners are hopping on the runaway-price wagon without any good reason. As in the example of that high-mileage, scruffy 911 RS America at Bring a Trailer, the owner sees pristine examples valued by Hagerty at $170,000, and even though the average value is $93,238 he thinks something like, "Mine's got to be worth half of top dollar ..." The tide - even one rising on air - makes it hard to find decent prices. Then there is the flood of money into the market. In spite of articles that try to temper investors' outlooks on collectible cars, other articles in places like the Financial Times and the Guardian promote vintage metal as a safe place to put money and reap astonishing returns. Speed Academy thinks one side effect of high 911 prices is that responsible enthusiasts are turning their attention to cars like the BMW 2002, E30 M3, and E9 3.0CS, saying their prices are "sharply on the rise." The entire article is worth a read since it goes into markets far afield from pricey German steel, but incredibly, the entire piece was actually inspired by a 1997 Acura Integra R that sold for $43,000 on eBay. So while this could be the best time to get into the classic car market if you know what you're doing, it is certainly the best time to do your homework. Related Video: