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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

Even if GM does close all 5 of those plants, it'll still have too many

DETROIT — General Motors' monumental announcement on Monday that it will close three car assembly plants and two powertrain plants in North America and slash its workforce will only partially close the gap between capacity and demand for the automaker's sedans, according to a Reuters analysis of industry production and capacity data. Sales of traditional passenger cars in North America have been declining for the past six years and are still withering. After GM ends production next year at factories in Michigan, Ohio and Ontario, it will still have four U.S. passenger-car plants — all operating at less than 50 percent of rated capacity, according to figures supplied by LMC Automotive. In comparison, Detroit-based rivals Ford and Fiat Chrysler Automobiles will have one car plant each in North America after 2019. The Detroit Three are facing rapidly dwindling demand for traditional passenger cars from U.S. consumers, many of whom have shifted to crossovers and trucks. Passenger cars accounted for 48 percent of retail light-vehicle sales in the United States in 2014, according to market researchers at J.D. Power and Associates. This year, sedans will account for less than a third of light vehicle sales. That shift in turn has left most North American car plants operating far below their rated capacities, while many SUV and truck plants are running on overtime. The collapse in passenger-car demand is a challenge for nearly all automakers in the United States, including Japan's Toyota and Honda, which have the top-selling models in the compact and midsize car segments. Toyota executives said last month they are evaluating the company's U.S. model lineup. But Toyota also plans to build compact Corolla sedans at a new $1.6 billion factory it is building in Alabama with partner Mazda. The obstacles facing GM in its plans to close more auto factories became apparent on Tuesday as U.S. President Donald Trump threatened to block payment of government electric vehicle subsidies to GM. While it is not certain that Trump unilaterally has the power to do that, he made it clear he intends to use his office to pressure the company to keep open a small car plant in Ohio that GM says will stop building vehicles in March.

Recharge Wrap-up: Batty battery covers, Mercedes at Silvretta, new Hyundai Sonata Hybrid available in 2015

Apparently, Chevrolet Volt battery covers make suitable homes for bats. As part of an Eagle Scout project, Matthew Netherland created 30 bat houses out of scrapped Volt battery covers donated by Chevy. 22 of the bat houses will be set up near hydroelectric dams in Michigan. Each bat house will accommodate 100 bats, and divert the scrapped materials from the landfill. The battery covers also make great nesting boxes for wood ducks, which General Motors has previously set up at its Milford, Michigan Proving Ground. Last weekend was the Silvretta E-Auto Rally, which saw emissions-free vehicles cross the Montafon Mountains in Austria, including cars from Mercedes-Benz. These cars included the B-Class Electric Drive, B-Class F-Cell, SLS AMG Electric Drive and even the Smart Fortwo Electric Drive. Also on hand for the Silvretta Classic Rally was a V8-powered C111, a 1978 Mercedes-Benz 450 SLC and 300 SL Roadster. Read more in the press release, below. BMW has finalized pricing for the i8 in the US at $135,700 (plus $925 in destination charges). In addition to the base price tag, which we've known for a while, BMW Blog has the complete pricing guide with options and packages. Most of the i8 orders were the Pure Impulse World package, which includes various aesthetic upgrades. It also provides membership to the BMW i Pure Impulse Program, which allows you to "to enjoy innovative ideas and trends in a variety of areas, including home styling, culture, gourmet gastronomy, design and many more." Head over to BMW Blog for more information. The new generation of the Hyundai Sonata Hybrid will arrive later than the rest of the model lineup, confirms Car and Driver. While the gas-powered Sonatas get updated now for the 2015 model year, the Hybrid remains unchanged until late this year or early 2015, when it will arrive as a 2016 model. Hyundai is offering a 2015 Sonata Eco edition, but with 28 miles per gallon in the city and 38 mpg highway (32 combined), it's not quite as appealing as the current Sonata Hybrid's 36/40/38 figures. Read more here. In June, average US fuel economy was 25.5 miles per gallon, making it the fifth straight month above 25 mpg, according to University of Michigan. The average window sticker ratings from vehicles sold in June dropped slightly from 25.6 mpg in May. The year started at 24.9 mpg in January, and hasn't dropped below 25 mpg since.