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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

GM exploring ways to raise half-ton Duramax diesel tow rating

Lots of truck owners cheered when GM announced fuel economy numbers for the 2020 Chevrolet Silverado with the 3.0-liter Duramax diesel inline-six. Even after Ram let loose its EPA mileage ratings for the 2020 Ram 1500 EcoDiesel, the Chevy oil-burner still took the trophy. The victory was years in the making, GM engineers spending an entire four-year development cycle refining the LM2 Duramax to increase mileage. The tradeoff, as well all know by now, is towing; the Duramax in half-ton duty pulls a maximum 9,300 pounds in the Silverado. Rivals across town can do more, the Ford F-150 PowerStroke rated at 11,500, the Ram 1500 EcoDiesel game to pull 12,560. GM engineer John Barta told Muscle Cars & Trucks that more hauling chops could be on the way, explaining, "We’re actually looking at upgrading some of the materials around (the engine bay) to see if we can maybe raise our tow rating." Engine bay materials are at issue due to thermal complexities underhood. John Barta, GM's assistant chief engineer of diesel engine controls, said the Duramax's inline-six configuration allowed engineers to get emissions hardware like the combined selective catalytic reduction, diesel oxidation catalysts, and diesel particulate filter unit closer to the engine, where it heats up quicker, getting emissions down quicker. But that filter puts another heat source in those confines, enforcing a cap on the tow rating to keep the engine and other systems from overheating. "If you look under the hood," he said, "youÂ’ll see a significant amount of silver ‘moon tapeÂ’ around to make sure things arenÂ’t getting overheatedÂ… if we were to go up in higher towing, which we can, we start impacting the possibility of deteriorating some of the components.” There isn't much space for more grille, so swapping for a better grade of "moon tape" or a different kind of material could reduce engine bay heat, extracting a higher tow rating in the process.  It's important to note a point Barta's been making for months about the Duramax figures, though. "Even though itÂ’s nice to brag about big numbers, in reality, light duty customers are not towing that large with their trucks," and, "We do know that (95 percent) of our light duty customers donÂ’t tow over 9,000 pounds." On our First Drive of the 2020 Silverado diesel we called out the tow rating, but emphasized that the Chevy and GMC have more important challenges to overcome.

Texas sues GM, saying it tricked customers into sharing driving data sold to insurers

Texas filed a lawsuit Tuesday against GM over years of alleged abuse of customers' data and trust. New car owners were presented with a "confusing and highly misleading" process that was implied to be for their safety, but "was no more than a deceptively designed sales flow" that surrendered their data for GM to sell. The suit contends that at no point was selling driving data ever even suggested as a possibility, putting GM in violation of the state's consumer protection laws. Texas Attorney General Ken Paxton is seeking a jury trial and at least $10,000 per offense (every GM car sold in the state since 2015) and a hefty add-on of $250,000 in cases where the victim was over 65. Texas seems to be flying high after a recent $1.4 billion settlement from Meta over other privacy concerns. This may well be a way to solve any pending budgetary issues in the Lone Star State.