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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

Michigan floods from breached dams consume Pontiac Fiero collection

“WeÂ’ve never had an event like this,” Michigan's city manager Brad Kaye said in a Detroit News story. "What we're looking at is an event that is the equivalent of a 500-year flood." Kaye is referencing the catastrophic flood that occurred in central Michigan this week after heavy rainfall was compounded by two breached dams on the Tittabawassee River. Reports say the flooding forced evacuation of up to 10,000 residents, swallowed entire towns, and destroyed thousands of properties. No casualties have been reported, according to the Detroit Free Press, but car enthusiasts will be sad to learn a Pontiac Fiero shop and collection called Forever Fieros was decimated by the natural disaster. The Tittabawassee River is located about two hours, or roughly 140 miles, north of Detroit. It starts 20-30 miles further north and flows southeast as a tributary to the Saginaw Bay Watershed. Along the way, the Tittabawassee is held up by several dams, including the Edenville dam that failed and the Sanford dam that was breached during torrential downpours. According to NPR, the federal government took away the Edenville dam's license in 2018 and suggested it could not last through a major flood. Unfortunately, that prediction was proven accurate.  Forever Fieros is located in Sanford, Michigan, which is just below Sanford Lake, which is created by the Sanford dam. So when the Edenville dam north of Sanford broke, water from Wixom Lake flooded Sanford Lake, and a berm next to the Sanford dam was overwhelmed, according to MLive. Technically the dam did not fail, but the end result was the same: an entire town underwater. The Tittabawassee reportedly crested at 35 feet, or 10 feet above flood level and 1.1 feet higher than the previous record set in 1986. According to The Drive, the man in charge of Forever Fieros, Tim Evans, had time to attempt to save his vehicles from floodwater. He reportedly moved about 12 cars to a street that doesn't typically flood, but the water level was simply too high for that to matter. A floating pole barn also reportedly struck and damaged the  Forever Fieros building.  Worsening the situation is the fact that Evans was planning to hold an auction to sell many of the Fieros. As seen on Industrial Bid, he planned to sell 12 Fieros, Fiero GTs and a Fiero Formula, ranging from 1984 through 1988. The lots included a 1984 pace car, a Lamborghini Countach kit car, and a Fiero Cosworth Pontiac Super Duty 16-valve DOHC engine.

GM recalls 61k more vehicles in three campaigns

Following a stop-delivery order for its new midsize trucks and a rash of recent recalls, General Motors is issuing three more campaigns covering 60,575 vehicles in North America with 57,182 of them in the US. As of October 1, the automaker has issued a total of 74 recalls (see the ridiculously long chart to the right) this year covering 26,495,070 units in the US.
The largest campaign covers 46,873 examples in the US of the 2008-2009 Pontiac G8 and 2011-2013 Chevrolet Caprice Police Patrol Vehicle imported from Australia. It's possible for the driver's knee to hit the key and make it move from the "Run" to "ACC" position while driving. GM says its Holden division is developing a fixed-blade key that's supposed to fix the problem by only allowing it to rotate toward the "On" position. There has been one crash caused by this fault but no injuries or fatalities.
The second recall is for 10,005 units of the 2004-2007 Cadillac CTS-V and 2006-2007 Cadillac STS-V because "the fuel pump module electrical terminal may overheat." This can cause a flange to melt and allow the pump to leak fuel. GM specifies that the remedy for the CTS-V is replacing the fuel module and fuel tank jumper harness, but it doesn't specify how the STS-V is being repaired.