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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
Weekly Recap: Revisting the BBC report that ended Jeremy Clarkson's Top Gear run
Sat, Mar 28 2015Jeremy Clarkson's long run as a Top Gear host has come to an end, and the reason is clear: His physical assault on one of the show's producers crossed a line, and the government-owned BBC couldn't tolerate it. The incident between Clarkson and Top Gear producer Oisin Tymon was initially described as a "fracas," and Clarkson was suspended. But his popularity and widespread support – even British Prime Minister David Cameron weighed in – suggested that the controversial Clarkson might be given yet another chance. The BBC put this to rest Wednesday when it sacked Clarkson and revealed the findings of its investigation. The report spelled out how Clarkson struck Tymon on the patio of a North Yorkshire (UK) hotel, leaving him with a bloodied, swollen lip. It was severe enough that the producer sought medical treatment. During and after the attack, Clarkson shouted expletives at Tymon and threatened to fire him. The noise carried into the hotel's dining room and even to a bedroom. Local police investigated the incident, but Tymon isn't pressing charges. The huge audience numbers, Clarkson's popularity and the high-octane excitement of Top Gear all melted away in the eyes of BBC director-general Tony Hall, who saw an attacker and a victim. "For me a line has been crossed," he said in a statement. "There cannot be one rule for one and one rule for another dictated by either rank, or public relations and commercial considerations." In that moment, Clarkson was the bad guy, though he was actually the one who reported it to the network and made repeated attempts to apologize to Tymon. He's also urged the media to leave the producer alone. Hall voiced regret in the statement that announced Clarkson's contract would not be renewed, but the BBC decided to move on. Rumors are swirling about possible replacements for Clarkson. The network says it wants to continue Top Gear in 2016 and is looking to air the rest of this season's episodes. Despite the controversy, the show has a global audience of 350 million viewers and is one of the BBC's most valuable properties. It's unclear what Clarkson's co-hosts, James May and Richard Hammond, will do, as their contracts were also reportedly up to be renewed. Other News & Notes 2016 Chevrolet Malibu hybrid charges up with Volt technology Chevrolet is taking some of the learnings and technologies from the 2016 Volt and dropping them into the reborn Malibu hybrid.
GM veteran Bryan Nesbitt tapped to head Buick design
Sat, Jun 6 2015General Motors styling veteran Bryan Nesbitt (pictured above) took over a new role on Monday as executive director of global Buick design and global architectures. Andrew Smith, who previously did that job and also coordinated the look for Cadillac, has remained in charge of the pen at Caddy with this shift. Nesbitt rose to prominence when he designed the Chrysler PT Cruiser, according to Automotive News. He joined GM in 2001 and has been there ever since in multiple high-level roles. In 2007, he was appointed vice president of design for North America and was later briefly general manager of Cadillac in 2009-2010. Nesbitt took over as the vice president of GM's international operations design in China in 2011. This shuffle also moves Ken Parkinson, currently styling boss for Chevrolet trucks, to China as design vice president there. In addition, John Cafaro becomes the person in charge of the look for Chevy globally, rather than previously splitting that role between cars and trucks with Parkinson. GM Global Design Leadership Changes – effective June 1, 2015. Bryan Nesbitt, Design Vice President, GM China will repatriate to North America and assume the position of Executive Director, Global Buick and Global Architectures. He will be located in Warren, MI. Bryan will be the design Champion for Buick in the US and China. Ken Parkinson, Executive Director, Global Chevrolet Trucks and Global Architecture will assume the position of Design Vice President, GM China. He will be based in Shanghai, China. Andrew Smith, Executive Director, Global Cadillac and Buick Design will assume the position of Executive Director, Global Cadillac. He will continue to be the design Champion for the Cadillac brand. In addition, he will continue to lead the Global Color & Trim team. He will be based in Warren, Michigan. John Cafaro, Executive Director, Global Chevrolet Cars will assume the position of Executive Director, Global Chevrolet. He will be the design Champion for Chevrolet. In addition, John will lead the exterior components and accessories team. He will continue to be based in Warren, MI. The roles and responsibilities of Helen Emsley, Mark Adams, Carlos Barba, Clay Dean, Michael Simcoe, and Teckla Rhoades remain the same. Related Video: The video meant to be presented here is no longer available. Sorry for the inconvenience.