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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

Ford Mustang Shelby GT350R named Road & Track Performance Car of the Year

With a 526-horsepower, 5.2-liter V8 that roars to 8,250 rpm, it's really hard to consider the 2016 Ford Shelby Mustang GT350R an underdog in any fight. However, the Shelby held the lowest as-tested price and was only middle of the pack in terms of power in Road & Track's 2016 Performance Car of the Year challenge. The 'Stang's numbers clearly didn't tell the whole story about the potent coupe because Ford's muscle car grabbed the title in this year's test. A model needs to be new or significantly updated to be eligible for the honor, and R&T found an impressive slate of eight candidates this year. The challengers included the Bentley Continental GT3-R, Cadillac ATS-V Coupe, Chevrolet Corvette Z06, Dodge Viper ACR, Mercedes-AMG GT S, and Porsche Cayman GT4. The Ferrari 488 GTB was the most expensive of the bunch with an as-tested price of $347,942, which is five times more than the Shelby. Once the group was together, R&T hustled them over curving roads and on the National Corvette Museum Motorsports Park. There was a lot to love about the Shelby, even in this impressive crew. "With a flat-plane crank and Sport Cup 2 tires, the GT350R is a Mustang turned up to 11," editor-in-chief Larry Webster said in the announcement of the results. The GT350R joins some great company. Past winners include the Porsche 911 GT3 last year and the Corvette in 2013. For some fantastic photography and the complete appraisal of these performance machines check out R&T's website for the full story. Related Video: ROAD & TRACK NAMES THE FORD MUSTANG SHELBY GT350R THE 2016 PERFORMANCE CAR OF THE YEAR New York, NY (November 9, 2015) – Road & Track today named the Ford Mustang Shelby GT350R the 2016 Performance Car of the Year, beating out seven of the world's best new sports cars. The article appears in the December/January issue, on newsstands November 17, and on RoadandTrack.com. "With a flat-plane crank and Sport Cup 2 tires, the GT350R is a Mustang turned up to 11," said Larry Webster, editor-in-chief of Road & Track. "Not only does the car have soul and harness so much firepower with such ease, but the real achievement here is that it's so approachable. It's a car you can't help but love." The Mustang Shelby GT350R was the winner by a runaway vote.

Buick Encore, Chevy Trax earn Top Safety Pick from IIHS [w/video]

The Buick Encore has been a massive sales success practically from the moment it debuted, and Buick recently decided to increase production to keep up with demand for the premium compact crossover. The Insurance Institute for Highway Safety recently put one to the test again, and the Encore earned a Top Safety Pick award. It's the first model from the brand to score the nod since 2013, according to the IIHS, and the rating also carries over to the 2015 Chevrolet Trax. The 2015 Encore scored a Good rating in all of the IIHS' evaluations, including the 40-mile-per-hour, small overlap front crash test. That was a big improvement over the previous model the institute tested, which scored a Poor result in the overlap test. In the first test, about 13 inches of the lower door hinge pillar came into the passenger compartment, and the steering wheel airbag moved too far to protect the dummy's head. Improvements for the latest model year showed six inches of intrusion this time, and the airbags caught the dummy's head well. The dummy's sensors also indicated a low risk of injury. The two CUVs missed out on the full Top Safety Pick+ because the IIHS scored the Encore as only having a basic front crash prevention system, and there was no such equipment for the Trax. To earn the highest mark, models need at least an advanced rating by the institute for this technology. Buick Encore, Chevrolet Trax earn 2015 TOP SAFETY PICK award ARLINGTON, Va. - A small SUV is the first vehicle from the Buick brand to qualify for a TOP SAFETY PICK award from the Insurance Institute for Highway Safety since 2013. The Buick Encore's newly introduced, lower-priced twin, the Chevrolet Trax, also qualifies for the honor. The Encore's award follows improvements to the SUV's structure for better small overlap front protection. The 2015 model earns a good rating in the small overlap test. In contrast, the 2013-14 Encore rated poor in the test. The driver's space was seriously compromised with intrusion measuring as much as 13 inches at the lower door hinge pillar. The dummy's head barely contacted the front airbag before sliding off the left side, as the steering column moved to the right. The side curtain airbag deployed too late and didn't have sufficient forward coverage to protect the head. In the latest test, the driver space was maintained reasonably well, with maximum intrusion of 6 inches at the door hinge pillar and instrument panel. The dummy's movement was well-controlled.