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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 Recalls 218,000 Chevy Aveo Models Over Fire-Prone Lighting

The recall train keeps on rolling for General Motors. Hot on the heels of its recent 2.4 million-vehicle recall of various models, it's now calling in 218,000 Chevrolet Aveo units from the 2004-2008 model years because they could catch fire. The problem concerns the daytime running light module in the instrument panel. It could overheat, melt and cause a fire. According to GM spokesperson Alan Adler, "We are aware of some fires," and the company "is still investigating." Adler wouldn't comment about how many fires were reported or when the automaker was first aware of this issue because of the ongoing analysis. However, he said the issue has not caused any injuries or fatalities. GM also doesn't have a fix for the problem with the DRL module yet. The company says in its recall statement to the National Highway Traffic Safety Administration that the remedy "is still under development." Adler wasn't sure when it would be ready, but he said Aveo owners would receive notification in the mail "relatively soon." They will receive a second letter later to schedule the repair. In a separate letter about the Aveo's problem to NHTSA (viewable here as a PDF), GM said its Executive Field Action Decision Committee decided to conduct the recall on May 16. Scroll down for the recall report. RECALL Subject : Daytime Running Light Module Overheating Report Receipt Date: MAY 19, 2014 NHTSA Campaign Number: 14V261000 Component(s): Potential Number of Units Affected: 218,000 Manufacturer: General Motors LLC SUMMARY: General Motors is recalling certain model year 2004-2008 Chevrolet Aveo vehicles equipped with daytime running lights (DRL). In the affected vehicles, there may be heat generated within the DRL module located in the center console in the instrument panel, which could melt the DRL module. CONSEQUENCE: If the DRL module melts due to the heat generation, it could cause a vehicle fire. REMEDY: The remedy for this recall campaign is still under development. The manufacturer has not yet provided a notification schedule. Owners may contact General Motors customer service at 1-800-222-1020 (Chevrolet). General Motors recall number for this campaign is 14236. NOTES: Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.safercar.gov.

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.