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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

Autoblog Podcast #389

Episode #389 of the Autoblog podcast is here, and this week, Dan Roth, Chris Paukert, and Mark Pereira from Autoblog Canada talk about Johan deNysschen's move to Cadillac, rumors of more BMW nomenclature changes, a second generation for the Subaru BRZ, and cars from 2004 that we miss. We start with what's in the garage and finish up with some of your questions, and for those of you who hung with us live on our UStream channel, thanks for taking the time. Check out the new rundown below with times for topics, and you can follow along down below with our Q&A. Thanks for listening! Autoblog Podcast #389: The video meant to be presented here is no longer available. Sorry for the inconvenience. Topics: Johan de Nysschen moves to Cadillac BMW model designations changing even more Subaru BRZ getting second generation Cars We Miss In the Autoblog Garage: 2014 Ducati 899 Panigale 2015 Hyundai Sonata 2015 Volkswagen GTI 2015 Chevrolet Silverato 2500 Diesel Hosts: Dan Roth, Chris Paukert, Mark Pereira Runtime: 01:59:10 Rundown: Intro and Garage - 00:00 Johan deNysschen - 36:12 BMW Nomenclature - 53:58 BRZ - 56:27 Cars We Miss - 01:05:07 Q&A - 01:30:09 Get the podcast: [UStream] Listen live on Mondays at 10 PM Eastern at UStream [iTunes] Subscribe to the Autoblog Podcast in iTunes [RSS] Add the Autoblog Podcast feed to your RSS aggregator [MP3] Download the MP3 directly Feedback: Email: Podcast at Autoblog dot com Review the show in iTunes Auto News Hirings/Firings/Layoffs Podcasts BMW Cadillac Chevrolet Hyundai Subaru Volkswagen

Chevy Spark EV could be coming to Midwest later this year

Ohio is not known as a hotbed of EV sales – if anything, the state is a bit anti-EV, thanks to a legislative fight against Tesla's direct sales model – but it might be on Chevrolet's short list to expand the market for the Spark EV in the near future. The latest official GM press release on the battery-powered Spark still says the car is "available exclusively in California and Oregon," but Hybrid Cars found four Ohio dealerships that list a Spark EV on their websites, with hints the the car will be coming to the Midwest state by the end of the summer. See, for example, here, here, here and here. But that's probably not going to happen, according to Randy Fox, GM communication's manager for passenger cars. Fox told AutoblogGreen that, "At this point in time, we don't have any official plans to expand the Spark EV beyond California and Oregon." The reason is that California and Oregon have the infrastructure to support EVs, Fox said, and GM wants to be able to support its EV customers. "We are continuing to look at other options," he said. "The selling point for electric cars today is not advertising, it's eyeballs, it's peer exposure" – John O'Dell John O'Dell, a senior editor at Edmunds.com, told AutoblogGreen that, "It makes sense for [GM] to expand sales and it makes sense to do it in a quiet manner, to get these vehicles on the road. The selling point for electric cars today is not advertising, it's eyeballs, it's peer exposure. If someone in my neighborhood has one and he likes it, then maybe I can trust him. So it's important to get these vehicles on the road." Chevy sold 182 Spark EVs last month, a significant increase over the 98 sold in April. That's still small potatoes compared to the 3,000+ Nissan Leaf EVs sold last month, but making the electric Spark available in Ohio, say, or GM's home state of Michigan could boost those numbers. AutoblogGreen called a few dealerships in Michigan to see what they had heard. One salesman said he didn't think GM had started production yet but the inventory manager for another dealership said the Spark EV is scheduled to arrive in the Midwest in "roughly the fourth quarter." What would GM's incentive be to offer the car in markets outside of California where it can gain ZEV credits with each sale?