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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

Performance cars overpower the Detroit Auto Show

At precisely the stroke of noon on Monday, the 2016 Acura NSX rolled on stage at the Detroit Auto Show amid plumes of smoke and dancing lights. The sounds of the powerful engine revving soared to the rafters. It was the second coming of Acura's iconic sports car, and the reveal had all of the expected trappings. Afterwards, champagne corks popped and the bubbly flowed. It was noon in Detroit, but for the green-car movement, it seemed like the clock had struck midnight. That's an exaggeration, but performance was the overwhelming theme of North America's most important show. Ford – which has helped lead the way in smaller displacement engines and early adoption of hybrid powertrains – had more than 1,500 horsepower on stage one point after it revealed the GT concept, the new F-150 Raptor and the Shelby Mustang GT350R. The NSX is technically a hybrid (it has three electric motors), but with 550-plus hp, there's no doubt this Acura was bred on the track. The theme continued throughout the show at nearly every stand. Alfa Romeo showed off the 4C Spider, which is the open-air version of a car that purports to be the spiritual successor of the high-performance 33 Stradale from 1967. On Tuesday, Cadillac is scheduled to reveal the 640-hp CTS-V with the V8 transplanted from the Corvette Z06, and the Lexus was expected to roll out its own V8-powered beast, the 467-hp GS F. For enthusiasts – especially enthusiasts with money – these are halcyon days. But make no mistake, all of this power has a purpose. Ford product chief Raj Nair said the Blue Oval uses high performance cars to develop technologies, like aerodynamics and materials, which are then shared across its lineup. "It's another proof point about how serious we are in developing innovation through performance," he said. Ford, which is rolling out at least 12 performance cars by 2020, said the sporty cars attract younger and more influential buyers to its fold, which can help burnish its image beyond adding sales volume. Toyota is taking a similar approach, senior vice president Bob Carter said, noting the Lexus RC coupe draws people into showrooms and gets them excited about the brand, even if they don't end up buying one. "They provide an aspiration and a halo that provides the attention that gets you noticed in a cluttered market," he said.

Fullsize GM SUVs have a problem that's making owners sick

Some fullsize SUV owners are getting sick, thanks to a buffeting and vibration problem in 2015 model year examples of the Chevy Tahoe and Suburban, Cadillac Escalade, and GMC Yukon. According to owners' complaints to the National Highway Traffic Safety Administration, the issue can vary from an annoying vibration inside the cabin to an experience so severe that it leads to dizziness and headaches. General Motors is aware of the complaints, but the fix isn't so simple. According to spokesperson Tom Wilkinson to Autoblog, the company "has been tracking this issue for a while." The problem has a fairly low incidence rate, but when it does occur the issue can be "uncomfortable and annoying for owners." There's no precise cause for the issue, Wilkinson claims, and in some cases, simply balancing the tires or changing the door seals can make it go away. However, not all of the fixes are so simple. AutoGuide dug deep into the problem and discovered a GM preliminary information bulletin that advised dealers to remove the headliner and to check the roof's bonds to the bows that go across the vehicle. However, that document included a note that the solution might not entirely eliminate things. According to AutoGuide, adding Dynamat insulation to the roof sometimes helped the problem. A GM spokesperson also told AutoGuide the company fixed the problem at the end of the 2015 model year, and didn't go into any more detail. This roof issue seems linked to some of the worst droning in these SUVs. According to one complaint from a 2015 Suburban owner to NHTSA: "Roof will not remain attached to the roof bows. This causes the buffeting similar to a window being down when all are up. The results span from annoying to painful." A 2015 Yukon owner claims to have another alleged cause for the problem in a NHTSA complaint from February 2015. This person brought their SUV to the dealer seven times over the course of four weeks for vibrations. The dealer replaced the driveshaft, suspension components, and more, but nothing worked. According to an engineer to the service adviser: "In an effort to prevent roll overs, they designed the frame and body mounts too stiff. There are 40 engineers working on issues, they have no solutions that work across the board." Wilkinson told Autoblog that GM is working with customers on an individual basis to rectify things. Since these are newer vehicles, dealers should also fix the problem under warranty.