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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 will recall 3.5 million pickups and SUVs to fix brake issue

WASHINGTON — General Motors Co is recalling 3.46 million U.S. pickup trucks and SUVs to address a vacuum pump issue that could make braking more difficult and increase the risk of a crash. The recall, which covers 2014-2018 model year vehicles, including some Cadillac Escalade, Chevrolet Silverado, Chevrolet Tahoe, GMC Sierra, Chevrolet Suburban and GMC Yukon vehicles, was triggered because the amount of vacuum created by the vacuum pump may decrease over time, GM told the National Highway Traffic Safety Administration (NHTSA) in documents posted Wednesday. NHTSA opened a preliminary investigation into the issue in November 2018, and said it had reports of 9 crashes and two injuries related to the issue. It provided GM in July with additional field reports that prompted the automaker to open an investigation. The company did not immediately say on Wednesday how many injuries or crashes are linked to the issue but said it could impact braking in "rare circumstances." GM said dealers will reprogram the Electronic Brake Control Module with a new calibration that will improve how the system utilizes the hydraulic brake boost assist function when vacuum assist is depleted. GM said the vacuum assist pump, which is lubricated with engine oil that flows into the pump through a filter screen, can in some cases lose effectiveness over time, as debris such as oil sludge can accumulate on the filter screen. GM told NHTSA that prior model years used a different brake assist system design, and vehicles manufactured after 2018 were not equipped with the affected pump design. Recalls Chevrolet GM GMC

Engine block heater issues force GM to recall 324,226 diesel heavy duty trucks

General Motors has issued a recall on 324,226 diesel heavy duty trucks that could be susceptible to short circuits, and consequently, potential fire. The recall affects several models of heavy duty Chevrolet Silverados and GMC Sierras with optional engine block heaters. GM is recalling seven different truck models spread across three years. The recall affects the 2017-2019 Chevrolet Silverado 2500HD, 2017-2019 Silverado 3500HD, 2019 Silverado 4500HD, 2019 Silverado 5500HD, and 2019 Silverado 6500HD, plus the 2017-2019 GMC Sierra 2500HD and 2017-2019 Sierra 3500HD. Specifically, it includes these models with the 6.6-liter Duramax diesel engines and the optional engine block heater. The recall technically deals not with the engine block heater itself, but the way it is connected. According to NHTSA campaign No. 19V328000, the engine block heater cord or the terminals that link the cord to the heater could short circuit. A short circuit could potentially damage engine components and result in a fire. According to The Detroit News, 19 fires have been reported but nobody has been injured. GM has yet to figure out a fix, and thus has not yet released a notification schedule for affected customers. If you believe your vehicle is part of the recall, contact GM customer service at 1-586-596-1733 and use reference number N182206310.