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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 #384

Episode #384 of the Autoblog podcast is here, and this week, Dan Roth, Steven Ewing and Chris Paukert talk about rumors that the Subaru WRX Concept styling may influence the next production model, the 2015 Chevrolet Corvette Z06, and Chris' time with the 2015 Lincoln MKC. We start with what's in the garage and finish up with some of your questions, and for those of you who hung with us live on our UStream channel, thanks for taking the time. Check out the new rundown below with times for topics, and you can follow along down below with our Q&A. Thanks for listening! Autoblog Podcast #384: Topics: Long-term 2015 Subaru WRX introduction Subaru WRX Concept styling may see production 2015 Lincoln MKC 2015 Chevrolet Corvette Z06 In the Autoblog Garage: 2014 Mercedes-Benz E550 Cabriolet 2014 Volkswagen Jetta SEL 2014 Chevrolet Corvette Stingray Hosts: Dan Roth, Steven Ewing, Chris Paukert Runtime: 01:34:21 Rundown: Intro and Garage - 00:00 Long-term WRX intro - 27:20 WRX Concept - 37:10 Lincoln MKC - 47:49 Corvette Z06 - 01:07:18 Q&A - 01:16:18 Get the podcast: [UStream] Listen live on Mondays at 10 PM Eastern at UStream [iTunes] Subscribe to the Autoblog Podcast in iTunes [RSS] Add the Autoblog Podcast feed to your RSS aggregator [MP3] Download the MP3 directly Feedback: Email: Podcast at Autoblog dot com Review the show in iTunes Podcasts Rumormill Chevrolet Lincoln Mercedes-Benz Subaru subaru wrx concept

Why the Corvette's Performance Data Recorder can be illegal in some states

The Performance Data Recorder with Valet Mode available on the 2015 Chevrolet Corvette Stingray seems like a fantastic tool for many owners. Whether they are taking 720p video while lapping the track in their new 'Vette, or just want to protect their purchase from inconsiderate joyriders, the system offers a lot of functionality in one package. However, one of the PDR's features might get buyers in trouble with the law, and it has nothing to do with recording some illicit high-speed driving on a favorite back road. The problem hinges on the various state laws concerning a person's right to privacy.
According to a letter posted by Jalopnik, Chevy dealers are asking 2015 Corvette owners not to use the Valet Mode portion of the PDR because it records audio in the cabin, in addition to performance specs. That's a problem because privacy laws vary from state to state with some requiring just one side's consent to tape sound and others requiring all parties to agree. According Jalopnik, 15 states mandate everyone's permission beforehand, but it's not clear whether these numbers are up to date. (Actually, the report varies, saying 13 states in some places and 15 in a list.)
According to the letter, Chevy is already working on a software update for the near future to rectify the issue. It's possible that simply adding a warning to drivers and the ability to turn off the audio recording function in Valet Mode might solve the problem. Obviously, this doesn't preclude Corvette drivers from using the performance aspect of the PDR, and owners are free tape lap after lap at the track.