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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

Recharge Wrap-up: U of M wins Solar Challenge, family attempts record-breaking e-bike ride

The University of Michigan Solar Car Team has won the 2014 American Solar Challenge. It is the team's eighth national championship, its fifth in a row, and its first using Siemens' product lifecycle management (PLM) software. The race took place over 1,722 miles and seven days traveling across eight states. The team's car, called "Quantum," outpaced the nearest competitor by four hours. Looking forward, Michigan Solar Car Project Manager Pavan Naik says, "The switch to Siemens tools will give us the ability to model and simulate everything and truly allow us to optimize the performance of our new vehicle. As we start on our quest to win the World Solar Challenge in 2015, we'll be leveraging a full complement of PLM solutions." Read more in the press release below. The EcoCar3 competition, in which teams will convert Chevrolet Camaros into hybrid electric cars, begins in September. The various college teams will have four years to lessen the car's environmental impact as much as possible while maintaining performance and, of course, that cool Camaro design. EcoCar3, which is put on by the US Department of Energy and General Motors, kicks off with a workshop in Novi, Michigan from September 16 - 18. Read more at the DOE website at the dedicated EcoCar3 site or watch the announcement video at our previous post. Zap and Jonway Auto are shifting to a high rate of EV production. Zap already has two lines creating the Urbee EV to met demand, and is switching over a third to make electric minivans and SUVs. The company aims to produce 30,000 EVs by 2015 for the Chinese market. Zap says it has a backlog of 25,000 Urbee orders. Read more in the press release below. A family of four hopes to make a world record-breaking, 6,000-mile electric bike journey this fall. The family, which recently drove from Argentina to Montana in a pickup with a camper, will ride from Montana to Maine, then down the East Coast to Florida in an attempt to break the record for longest electric bicycle ride. They'll use two bikes. The Father, Thomas, will ride one of the bikes carrying one of the children, while the rest of the family rides in a support vehicle, with the mother, Dylan, riding the second bike when they can find others to drive. They have started a crowdfunding campaign for some of the equipment needed to document the trip. See the video below or read more at Treehugger.

GM profits threatened by glut of pickups

Automotive News reports that General Motors may slash production or ramp up discounts in order to deal with an oversupply of pickup trucks. GM currently has more than double the standard supply of pickups, and the vehicles are threatening to dampen the automaker's profits for 2013. Typically, automakers try to sustain a 60- to 75-day supply of vehicles, but GM is currently loaded with a 139-day supply, as of last month. At the end of November, the automaker was sitting on 245,853 units.
The manufacturer says that it will adjust production accordingly before laying any incentives on the profitable pickups. Even so, there's some concern that the inventory swell could hurt the roll-out of the next-generation Chevrolet Silverado and GMC Sierra. GM actually began slowly stepping back production in August, but it's clear the company will take further action as it heads toward the end of the year and into the next. Analysts predict the automaker could reduce pickup manufacturing by nearly half in the first quarter of 2013.
That still may not be enough to keep GM from laying extra cash on the Silverado and GMC Sierra. While the company's incentive spending was down in November compared to the same month in 2011, both the Ram 1500 and Ford F-150 saw double-digit percentage increases in sales last month while the Silverado and Sierra numbers slid compared to a year prior. Incentive spending could help move more trucks and add some balance to the GM inventory surge.