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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

Autoblog Podcast #327

New York Auto Show, Jim Farley interview, 2014 Chevrolet Silverado fuel economy, Ford fuel economy app challenge
Episode #327 of the Autoblog Podcast is here, and this week, Dan Roth, Zach Bowman and Jeff Ross talk about this year's New York Auto Show, Chevrolet's latest assault in the pickup truck fuel economy battle, and Ford's reward for developing a better fuel economy app. Dan also has an interview with Ford's Jim Farley about the future of Lincoln. We wrap with your questions and emails, and for those of you who hung with us live on our UStream channel, thanks for taking the time. Keep reading for our Q&A module for you to scroll through and follow along, too. Thanks for listening!
Autoblog Podcast #327:

Nissan Leaf sets new November sales record, Chevy Volt drops again

When you talk to people in the plug-in vehicle industry, one theme you hear repeatedly is that the more plug-in cars that are out there, the better things are for everyone. One reason is that more EVs build a need for more public chargers, and more chargers mean more people see that plugging in is feasible. But there's still something to be said for old-fashioned competition, and in the sales race between the two long-running plug-in vehicles in the US, the Nissan Leaf is resoundingly beating the Chevy Volt for 2014. In fact, it won't be long before the EV's cumulative sales top the PHEV's. But that's a topic for another month. For now, we have the sales results from November. Unsurprisingly, Nissan set another monthly record (that is, the best Leaf sales in any November, the 22nd time in a row we've seen a monthly record) with 2,687 sales last month. That's up 34 percent over last November and up 35 percent year-to-date. Toby Perry, Nissan's director of electric vehicle marketing, said in a statement that, "Our 'Kick Gas' ad campaign and 'No Charge to Charge' launch in Chicago and Atlanta drove an increase in November Leaf sales. Even with gas prices falling across the country, consumers appreciate that the cost of driving a Nissan Leaf is still a fraction of that of a gas-powered car." Over on the Chevy side of the ledger, there were 1,336 Volt sales last month, down 30.4 percent from the 1,920 sold in November 2013. So far this year, Volt sales are down 16.4 percent and Chevy has sold 17,315 Volts in 2014. As we said last month, the Volt slump might be due to people waiting on the new version to make an appearance at the Detroit Auto Show next month before going on sale in the second half of 2015. So far in 2014, Nissan has sold 27,098 Leafs. Look for our detailed post of US green car sales in the near future. Until then, please discuss last month's Leaf and Volt sale in the comments, below. News Source: Nissan, General Motors Green Chevrolet Nissan Electric Hybrid PHEV ev sales hybrid sales