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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

Submit your questions for Autoblog Podcast #321 LIVE!

We're set to record Autoblog Podcast #321 tonight, and you can drop us your questions and comments regarding the rest of the week's news via our Q&A module below. Subscribe to the Autoblog Podcast in iTunes if you haven't already done so, and if you want to take it all in live, tune in to our UStream (audio only) channel at 10:00 PM Eastern tonight.
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Weekly Recap: Racing legend Jim Hall explains Chevy's futuristic Chaparral concept

"I said our cars are built to be winners." – Jim Hall Racing legend Jim Hall never thought he'd be a video game consultant, but when Chevrolet asked for his advice to create a futuristic Chaparral for the Vision Gran Turismo series, he was eager to help. He reviewed early sketches and suggested some changes that made it onto the concept, including the addition of a camera that's mounted onto a mast over the cabin to aid the driver. The Chevy Chaparral 2X Vision Gran Turismo concept was revealed this week at the Los Angeles Auto Show and will be part of a downloadable update for PlayStation 3's Gran Turismo 6 in December. Theoretically, at least, it uses a laser-beam propulsion system and an air-powered generator to produce 900 horsepower in the video game. It's capable of sprinting to 60 miles per hour in 1.5 seconds en route to a top speed of 240 mph. Those gaudy performance specs – even in the virtual world – came at Hall's urging. "I said our cars are built to be winners," Hall told Autoblog on the floor of the Los Angeles show. The 79-year-old drove Lotus racecars in Formula One before launching the successful Chaparral Cars in the 1960s. Like his innovative Can-Am racers, the Vision Gran Turismo project has an eye toward the future. It also introduces the iconic Chaparral name to a new generation of fans, and hopefully, Hall says, gets them excited about engineering and design. "It emulates what we did in the '60s," he said. And what they did back then still resonates. Chaparral Racing and Chevy partnered more than 45 years ago for development work on the composite monocoque chassis, lightweight alloy powertrains, automatic gearboxes and active aerodynamics. "He [Hall] walked right back into this and was able to apply thinkings and learnings," said Clay Dean, General Motors executive director of advanced design. The Chevy Chaparral 2X Vision Gran Turismo concept was created at GM's North Hollywood advanced design studio, and it will be on display at the show through November. Other News and Views Sebastian Vettel joins Ferrari team in 2015 Ferrari confirmed that four-time Formula One World Champion Sebastian Vettel will join the Scuderia for the 2015 season, jettisoning Ferrari's current ace, two-time champ Fernando Alonso. Vettel has been F1's most successful driver since Michael Schumacher, though he's struggled to match his previous accomplishments in 2014.