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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

Chevy Spark EV could be coming to Midwest later this year

Ohio is not known as a hotbed of EV sales – if anything, the state is a bit anti-EV, thanks to a legislative fight against Tesla's direct sales model – but it might be on Chevrolet's short list to expand the market for the Spark EV in the near future. The latest official GM press release on the battery-powered Spark still says the car is "available exclusively in California and Oregon," but Hybrid Cars found four Ohio dealerships that list a Spark EV on their websites, with hints the the car will be coming to the Midwest state by the end of the summer. See, for example, here, here, here and here. But that's probably not going to happen, according to Randy Fox, GM communication's manager for passenger cars. Fox told AutoblogGreen that, "At this point in time, we don't have any official plans to expand the Spark EV beyond California and Oregon." The reason is that California and Oregon have the infrastructure to support EVs, Fox said, and GM wants to be able to support its EV customers. "We are continuing to look at other options," he said. "The selling point for electric cars today is not advertising, it's eyeballs, it's peer exposure" – John O'Dell John O'Dell, a senior editor at Edmunds.com, told AutoblogGreen that, "It makes sense for [GM] to expand sales and it makes sense to do it in a quiet manner, to get these vehicles on the road. The selling point for electric cars today is not advertising, it's eyeballs, it's peer exposure. If someone in my neighborhood has one and he likes it, then maybe I can trust him. So it's important to get these vehicles on the road." Chevy sold 182 Spark EVs last month, a significant increase over the 98 sold in April. That's still small potatoes compared to the 3,000+ Nissan Leaf EVs sold last month, but making the electric Spark available in Ohio, say, or GM's home state of Michigan could boost those numbers. AutoblogGreen called a few dealerships in Michigan to see what they had heard. One salesman said he didn't think GM had started production yet but the inventory manager for another dealership said the Spark EV is scheduled to arrive in the Midwest in "roughly the fourth quarter." What would GM's incentive be to offer the car in markets outside of California where it can gain ZEV credits with each sale?

Plug In 2014: VIA makes the case for 'free' plug-in hybrid work vans, trucks

If you're a fleet manager who's been waiting anxiously for the chance to buy a plug-in hybrid van from Via Motors, your wait is almost over. If you work for the right fleet, anyway. David West, the chief marketing efficer for VIA Motors, took AutoblogGreen for a ride around the San Jose Convention Center in a Via van sporting an Electric Blue paint job as part of the Plug In 2014 Conference this week and gave us an update on how things are coming along. The big news is that the Via PHEV van production is going to start by the end of September. Via can currently build two vans an hour at its production plant in Mexico, or about 16 a day and could easily double that. "That would get us to 20,000 a year with two full lines running," West said. "We have the capacity." "There is no way gas can compete with electric." – David West, Via Motors But they can't sell that many quite yet. By the end of December, around 350 Vans will be made, mostly for a $20-million program from the Department of Energy (DOE) and the South Coast Air Quality Management District that will see the vehicles used by fleets that will report energy data to the Idaho National Lab. Via is also finishing up CARB certification for both the van and the company's plug-in hybrid pick-up truck. About 50 percent of Via's technology in the truck will not need to be tested again, since it's the same as what's in the van, but things like crash tests will need to be done twice. Despite the progress, this is not where Via hoped it would be today. The bankruptcy of battery supplier A123, "took about a year off our timeline," West said. "It's been getting a little slow getting it to market, there have been some challenges, particuarly since we had the country's worst recession right in the middle of this wrap up, but it's inevitable in my mind. There is no way gas can compete with electric." Maybe that's why FedEx has expressed an interest in buying around 5,000 units, West said. FedEx already has some pilot vehicles, just like Verizon does, and PG&E wants to replace all of their gas trucks with electric vehicles, which would be another 3,000 sales, he said. Besides the fuel savings, vehicles like these, with easy on-site power generation, could also work wonders in post-disaster situations, he said, since they could replace the need for generators.