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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 sees 'strong year' in 2018, then gold in Chevy Silverado for 2019

DETROIT — General Motors said on Tuesday it expects earnings in 2018 to be largely flat compared with 2017, but that profits should pick up pace in 2019 as its revamped line of high-margin pickup trucks hits the U.S. market. The 2018 earnings outlook was above market expectations, sending GM shares up more than 3 percent in premarket trading. "GM had a very good 2017 as we continued to transform our company to be more focused, resilient and profitable," GM Chief Executive Mary Barra said in a statement. "We are positioned for another strong year in 2018 and an even better one in 2019." GM and its Detroit rivals, Ford and Fiat Chrysler Automobiles, are bringing on new trucks at a time when overall U.S. new vehicle sales have been falling, but truck sales continue to grow as consumers abandon passenger cars in favor of pickups, SUVs and crossovers. GM on Saturday fired a new round in the battle for profits from one of the U.S. auto industry's most lucrative segments when it showed a new generation of its Chevrolet Silverado pickup truck at the Detroit auto show. The new Silverado, a highlight of the event, is the successor to GM's best-selling vehicle in North America. Sales of the current Silverado rose nearly 2 percent to 585,000 vehicles in 2017. In the coming months, the company will also reveal a revamped GMC Sierra pickup truck. U.S. new vehicle sales fell 2 percent in 2017 after hitting a record high in 2016, and are expected to drop further in 2018 as interest rates rise and more late-model used cars return to dealer lots to compete with new ones. GM said on Tuesday that while it retools a factory in Ft. Wayne, Indiana, to make the new pickup trucks, it will shift some production to an Oshawa, Ontario, plant in order to avoid missing sales in a hot market for the vehicles. The No. 1 U.S. automaker said it will record a $7 billion non-cash charge for its fourth-quarter 2017 earnings related to deferred tax assets. GM said it expects capital expenditure in 2018 of around $8.5 billion, about $1 billion of which will go toward funding self-driving car technology. Last week, the company said it is seeking U.S. government approval for a fully autonomous car — one without a steering wheel, brake pedal or accelerator pedal — to enter the automaker's first commercial ride-sharing fleet in 2019. GM said it expects 2017 earnings per share at the high end of its previously forecast range of $6 to $6.50.

GM announces 3 new recalls affecting 1.7M vehicles in North America [w/video]

Still embroiled in the ongoing ignition switch recall, General Motors announced today three more discrete recalls, affecting a grand total of 1,546,900 vehicles in the US. The Detroit News reports that some 1.7 million vehicles are affected overall in North America. The first and largest of the trio of new recalls concerns some 1.18-million Buick Enclave and GMC Acadia crossovers from the 2008-2013 model years, Chevrolet Traverse from 2009-2013 (pictured above) and Saturn Outlook vehicles from 2008-2010. All of the crossover utilities may have an issue with the wiring harness for their seat-mounted side airbags. Apparently, the vehicles are equipped with a Service Air Bag warning light that, if ignored, "will eventually result in the non-deployment of the side impact restraints." Those restraints include the side airbags, a front-center airbag if the vehicle is so equipped and seatbelt pretensioners. Dealers of affected vehicles will be instructed to remove driver and passenger side airbag wiring harness connectors, and then "splice and solder the wires together." The second recall affects 303,000 Chevrolet Express (pictured right) and GMC Savana vans from model years 2009-2014, and with gross vehicle weights under 10,000 pounds. Said vehicles do not comply with a head impact requirement for unrestrained occupants, and will need a reworking of the instrument panel material to be sent back on the road. It doesn't sound as though there's a quick fix for this one, as the GM press release states: "Unsold vehicles have been placed on a stop delivery until development of the solution has been completed and parts are available." Finally, the third recall affects 63,900 Cadillac XTS luxury sedans from model years 2013 and 2014. A brake booster pump may be susceptible to corrosion by way of the relay, potentially causing and electrical short, overheating, melting of plastic components and even engine fires. GM says it is aware of two engine fires in unsold XTS models and two cases of melted parts. Repairs for the issues affecting the XTS have not not mentioned by GM in the release. The Detroit News is also reporting that along with news of the triple-recall, GM is taking a $300-million credit to help pay for the repair costs, and to deal with the ongoing costs associated with the ignition switch recall. In an attempt to explain just what GM has been doing in the face of these very serious issues, newly minted CEO Mary Barra has addressed the issues in a new video.