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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

General Motors shaking up its marketing... again

One of the things that dogs the full comeback of General Motors is the instability of its marketing. That part of the automaker got yet another big shakeup today when GM confirmed what I have been tweeting for a few days - strong rumors that the Chevrolet and Cadillac ad accounts are walking to new ad agencies.
Cadillac, GM's luxury brand, is going into review from Fallon Worldwide, Minneapolis and the indications are that Campbell-Ewald, Chevy's old ad shop, will end up with most or all of it. C-E just announced that it was moving from its long-time home in Warren, MI to a new downtown Detroit office next to Ford Field, just blocks from GM.
The other shoe to drop shortly will be the shift of GM's most important brand, Chevy, from Goodby, Silverstein & Partners of San Francisco to McCann-Erickson of Troy, MI. McCann used to be the agency for Buick and GMC, as well as GM's corporate advertising, and has retained some pieces of business over the last few years. Sources have even told us that it was McCann that did a lot of the creative work on Chevy's new ad platform, Find New Roads. (Not to be confused with a former McCann tagline for Saab, "Find Your Own Road.")

GM recalls 200k Hummer H3s for fire risk

An issue with fires erupting in some Hummers has prompted General Motors and the National Highway Traffic Safety Administration to issue a recall for nearly 200,000 vehicles around the world. The bulk of them are in the United States. According to the first statement (below) obtained by Autoblog from GM, the issue stems from the HVAC system in Hummer H3 models. The connector module for the blower motor has, in certain cases, overheated, melted the surrounding plastic, and started a fire. 42 such cases have been reported, including three instances of occupants citing minor burns. GM confirms that two of those three cases lead to the vehicle being destroyed in the fire, but states that no crashes or fatalities have resulted. The issue affects 196,379 examples of the 2006-10 H3 wagon and the 2009-10 H3T pickup, with 164,993 estimated to be in the United States. In order to fix the issue, dealers are being instructed to replace the relevant parts of the connector and harness. In a second, unrelated campaign, GM is also calling in 50,731 Chevy Spark and Sonic small cars – 45,785 of them in the US – due to a software glitch. In those affected vehicles fitted with the base radio and OnStar system, the audio system may not be able to switch out of turn-by-turn direction mode, causing the display to go blank and all sound to mute – including key safety warnings. In addition, the system may not switch off, draining the battery. GM states that no crashes, injuries, or fatalities have resulted from this issue, and all that dealers will need to do in this case is reflash the software. Related Video: General Motors is recalling 164,993 2006-2010 model year HUMMER H3 and 2009-2010 model year HUMMER H3T models in the U.S. In certain vehicles, the connector module that controls the blower motor speed in the heat/vent/air conditioning (HVAC) system may overheat under extended periods of operation at high- and medium-high speeds. The heat could melt the plastic surrounding the connector module, increasing the risk of a fire. Dealers will replace the affected portion of the connector and harness. GM is aware of three reported minor burns and 42 fires but no crashes or fatalities related to this condition. Including Canada, Mexico and exports, the total recall population is 196,379. ### General Motors is recalling 45,785 2014-2015 model year Chevrolet Sparks, and 2015 model year Chevrolet Sonics in the U.S.