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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

Junkyard Gem: 1997 Pontiac Sunfire SE Convertible

For the entire 24-year production run of the GM J platform (best known for the Chevrolet Cavalier), the Pontiac Division offered new J-Body cars for sale in the United States. First there was the J2000, followed in quick succession by the 2000, 2000 Sunbird and Sunbird. The Sunbird stuck around until the Cavalier got a major redesign for the 1995 model year, at which point Pontiac changed the car's name to Sunfire. Today's Junkyard Gem is one of those early Sunfires, a top-of-the-line SE convertible with the optional big engine and manual transmission. The Sunfire was an extremely close sibling to the same-year Cavalier (by the late 1980s, all the other US-market GM divisions had dropped their J-cars, which meant no more Skyhawks, Cimarrons or Firenzas), quite difficult to distinguish from its near-twin at a glance. The base engine for the 1997 Sunfire convertible was the pushrod 2.2-liter straight-four that powered so many J-bodies of the 1990s. That engine produced just 120 gnashing, valve-floating horsepower, not much by late-1990s standards. For a mere 450 additional dollars, however, the 2.4-liter Twin Cam engine and its high-revving 150 horses could be had by '97 Sunfire buyers. That's what's in this car. This is one of the members of the Oldsmobile Quad 4 family, though some fanatics will yell at you if you apply that name to the versions that don't have big QUAD 4 lettering cast into the valve cover. This is the most powerful engine ever used in production Sunfires. For 1997, Pontiac offered a four-speed automatic transmission for no extra cost in the Sunfire convertible. Buyers of all other Sunfire models that year had to shell out either $550 or $810 ($1,026 or $1,511 in 2023 dollars) for a two-pedal rig. That means that the buyer of this car really wanted the five-speed manual transmission (or just hungered for the $810 credit offered in the fine print for takers of the manual). Plenty of free-breathing engine power, five-on-the-floor driving enjoyment and the open skies above. What a fun car! This one made it to nearly 180,000 miles. For this car with the Quad 4 under the hood and a clutch pedal on the floor, the MSRP was $18,539 (about $34,584 today). Its Cavalier LS convertible twin with the same engine/transmission setup cost $17,365 ($32,394 now). This car has a bunch of options, including the 15" Rally aluminum wheels, so the out-the-door price would have been higher. The last year for the Sunfire was 2005, same as the Cavalier.

A case for Pontiac's return

Sadly, many brands have disappeared off of the automotive landscape over the decades. Many people have imagined over the years of restarting defunct automotive brands. A few of those dreamers even made prototypes to shop around and to established connections with investors. But, alas poor Yorick, however valiant an effort, many brands are shuttered for good, rarely to be heard of again except in historical tales or maybe seen in car shows. So, what do you do when you win the lottery? Not just any lottery... In fact, it is a lottery that takes care of you and your loved ones for life? You and your family don't have to work, ever. You can give to charity, pay other people to do those projects that you've been putting off, and so on and so on. But, you're still a Car Nut right? There begins the conundrum. Do you buy and fix cars, new premium cars, old muscle cars, or classics, or maybe, just maybe, do you buy the rights to an old departed automotive brand and bring it back to life. Hmm. Which brand? The problem with the old Pontiac was that it was an additional badge engineered vehicle in the portfolio of GM. The meant the brand was diluted by competition from its own parent company, in addition to the competition outside the camp. So, if it were to come back, it would have to be different. Yet, it would still need to keep true to its roots at the same time in order to wake up its armies of existing fans. Even those that aren't fans of Pontiac cannot deny that Pontiac has a long heritage of legendary vehicles. So do Packard, and Studebaker, and others. So, why would a lottery winner choose Pontiac as the marque to bring back? That's easy! Pontiac's long heritage is closely tied to performance vehicles that made many of a teenager drool. Even more important though is that Pontiac is still fresh on people's minds. The brand itself is only recently departed. So, Boomers, Generation X, and Millenials all would all be able to identify with it as opposed to brand names that disappeared multiple decades ago and that now have a more limited appeal. The return of Pontiac couldn't just be another launch of a badge engineered vehicle. It would have to be performance oriented, yes. But, it would have to be unique in some way, a niche brand. What niche though? Look at the automotive landscape now and you see that Tesla is the one out there grabbing at the wide open electric niche with success.