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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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IIHS gives good ratings to 4 of 8 midsize pickups in crash test

Versions of the Toyota Tacoma, Chevrolet Colorado and GMC Canyon Crew Cab earned top ratings in a new crash test of midsize pickup trucks from the Insurance Institute for Highway Safety, while two versions of the Nissan Frontier earned marginal ratings. But the organization gave poor marks to all eight pickups tested for their dim headlights. Overall, four of the eight pickups evaluated earned good ratings for protecting occupants in all five crash test categories — the Tacoma double cab along with crew cab versions of the Colorado, Canyon and Tacoma. But the poor headlights and lack of an automatic emergency braking system blocked any of the pickups from qualifying for the IIHS's Top Safety Pick awards. The study looked at two pickup body styles using 2017 models: crew cabs, which have four full doors and two full rows of seating, and extended cabs, which have two full front doors, two smaller rear doors and compact second-row seats. It subjected each to five tests, and it evaluated the performance of front crash prevention systems and headlights. The Toyota Tacoma crew cab was the only pickup in that class that earned a good rating for structure in the small overlap test, which replicates what happens when a vehicle clips a tree, pole or another vehicle that has crossed the center line. The model's Access Cab extended-cab version was rated similarly, though its structure was rated acceptable. "This group of small pickups performed better in the small overlap front test than many of their larger pickup cousins," says David Zuby, the Institute's executive vice president and chief research officer. "The exception was the Nissan Frontier, which hasn't had a structural redesign since the 2005 model year." The extended-cab versions of the Chevy Colorado and GMC Canyon earned acceptable ratings, while both the Nissan Frontier king-cab and crew-cab models were rated marginal. Toyota says its 2018 Tacoma will feature upgraded headlights and a standard autobraking system that can detect pedestrians. "Headlights are basic but vital safety equipment. Drivers shouldn't have to give up the ability to see the road at night when they choose a small pickup," Zuby said. Related Video: Auto News Chevrolet GMC Nissan Toyota Safety Truck Videos gmc canyon nissan frontier chevrolet colorado