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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: 2008 Saturn Astra XR 3-Door Hatchback

GM's Saturn brand spent the first part of the 2000s shifting over to vehicles on global corporate platforms, then spent the second half of the decade increasingly flailing for relevance as The General itself struggled to stay upright. By 2008, prospects for Saturn— and the American economy in general— didn't look so great, but that was the first model year for the Saturn-badged Opel Astra in North America. The announcement that the axe would be falling on Saturn came the following year, soon after GM declared Chapter 11 bankruptcy, and so 2009 became the final year for the Saturn Astra. Some MY2010 Saturns were sold (the Sky, Outlook, and Aura), but the Astra shares the dubious honor of the shortest Saturn sales run with the long-forgotten Saturn Relay minivan. For this reason, I keep my junkyard eye open for discarded Astras, and finally found this very clean '08 three-door in a Denver self-service yard last week. The Astra could be purchased with three doors or five, in two very similar trim levels. This car is the three-door, which was available only in semi-high-zoot XR trim. I'm not sure if the Opel Astra got these GM "Mark of Excellence" fender badges, but all American-market 2005-2009 GM vehicles have them (not counting stuff bearing the crypto-GM Suzuki badge). I've got dozens of these badges glued to my garage wall, because why not? Just one engine was available in the Saturn Astra: a 1.8-liter Ecotec four rated at 138 horsepower. The Ecotec has proven to be an unusually reliable engine, but I suspect that this one died in some expensive manner (because the rest of the car looks so nice) and that's why the car is here now. The base transmission in the Astra was a five-on-the-floor manual, and that's what this car has. The four-speed automatic cost an extra $1,325 on an $18,375 car (that's about  $1,765 on a $24,475 car in 2022 dollars), so either the original purchaser of this car preferred three-pedal driving or was just a cheapskate. I haven't seen enough junkyard Astras to know if the manual transmission is very rare in these cars; the five-door I found a few years back had the automatic. Presumably, an American car shopper looking for the European-style driving experience of an Opel might prefer the manual. Built in Antwerp, Belgium! As this was just a rebadged Opel, the Astra did not have the standard GM radio faceplate found in everything from the Chevrolet Equinox to the Saab 9-3.

GM recalling 686k Lambda-platform models for hatch repair

General Motors is recalling 686,287 units of its Lambda platform crossovers. On models equipped with a power rear hatch the system can potentially fail. This campaign includes the 2008-2012 Buick Enclave, 2009-2012 Chevrolet Traverse, 2007-2012 GMC Acadia, and 2007-2010 Saturn Outlook. According to GM's documents to the National Highway Traffic Safety Administration (as a PDF), dirt can get into a portion of the strut that holds up the hatch and cause the part to prematurely fail. There's a redundancy in place called the Prop Rod Recovery system that's designed to shut the liftgate if there's a malfunction. However, if the breakdown happens too quickly after the hatch is opened the prop rod might not work the way it's supposed to. If someone were in the way of the falling liftgate, they could be hurt. For the repair, dealers will update the software for the power liftgate actuator motor control unit to prevent the hatch from closing so quickly. They'll also check the operation of the system afterward. Related Video: RECALL Subject : Liftgate Struts may Fail and Liftgate may Fall Report Receipt Date: JUN 30, 2015 NHTSA Campaign Number: 15V415000 Component(s): STRUCTURE Potential Number of Units Affected: 686,287 All Products Associated with this Recall Vehicle Make Model Model Year(s) BUICK ENCLAVE 2008-2012 CHEVROLET TRAVERSE 2009-2012 GMC ACADIA 2007-2012 SATURN OUTLOOK 2007-2010 Details Manufacturer: General Motors LLC SUMMARY: General Motors LLC (GM) is recalling certain model year 2008-2012 Buick Enclave vehicles manufactured January 3, 2007, to February 29, 2012, 2009-2012 Chevrolet Traverse vehicles manufactured July 6, 2008, to February 29, 2012, 2007-2012 GMC Acadia vehicles manufactured September 15, 2006, to February 29, 2012, and 2007-2010 Saturn Outlook vehicles manufactured August 17, 2006, to March 18, 2010. The affected vehicles, equipped with the power liftgate option, have gas struts that hold the power liftgate up when open. These struts may prematurely wear and the open liftgate may suddenly fall. CONSEQUENCE: If the open liftgate unexpectedly falls, it may strike a person, increasing their risk of injury. REMEDY: GM will notify owners, and dealers will update the software for the power liftgate actuator motor control unit so that the motor will prevent the rapid closing of the lift gate, free of charge. The manufacturer has not yet provided a notification schedule.