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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

Why 2015 is going to be a huge year for trucks

Nissan chief executive Carlos Ghosn took center stage to introduce the 2016 Titan last week at the Detroit Auto Show. He spoke of the truck's new features, impressive Cummins V8 diesel engine and the extensive amount of time and money required to build a modern, competitive pickup truck. "We have done all of this because we see opportunity – an opportunity in the unmet needs of today's American truck customers," Ghosn said. He was speaking about the Titan, but his thoughts echo the industry's mindset: When it comes to trucks, find an opportunity and attack. Even with CAFE regulations looming and fickle consumer preferences, investing in trucks is a no-brainer for automakers. Some consumers will always need a truck for their job or lifestyle. And some people will always want one, whether they need it or not. With that in mind, here are four reasons why the pickup-truck sector is more important than ever and poised for growth in 2015. View 24 Photos The Nissan Titan Is Back Okay, it never left, but the Titan hadn't been redesigned since its launch in 2003, and Nissan sold more NV200s than Titans in 2014. It's an understatement to say the truck was languishing. That all changes with the 2016 model. The Titan will come in two variants, a traditional fullsize competitor and the Titan XD. The XD will lead the market launch, and it arrives late this year. It's pitched as a "whitespace" offering, Nissan sales and marketing vice president Fred Diaz said. The idea is to offer something in the general size and price range of a fullsize truck, but also have some of the capability of a heavy-duty truck. The XD uses a fully boxed ladder frame, the chassis design from Nissan's commercial division, and the wheelbase is about 20 inches longer than other Titan models. The XD, which Nissan is calling the flagship of the line, will be the only model with the 5.0-liter Cummins turbodiesel V8. It produces 310 horsepower and 555 pound-feet of torque, while being able to tow 12,000 pounds. V6 and V8 gasoline models will also be offered on the Titan XD and the standard, non-XD model. When production ramps up, the Titan will be sold with several cabs, beds and trims. New features include trailer sway control, an integrated trailer brake controller, more storage options in the cabin and even laminated front and rear side glass to reduce outside noise. All of this has given Nissan fresh confidence in an area where it admittedly has been lacking. "We can compete," Diaz told Autoblog.

GM won't pay owners of recalled cars for lost value

Kenneth Feinberg, the man in charge of the General Motors compensation fund dealing with the its widespread ignition switch woes, has issued an informal, two-letter response to the plaintiffs in more than 70 lawsuits seeking redress for lost resale value of their Cobalts: "No." The cases were recently combined into one, but Feinberg told The Detroit News that the fund will deal "only with death and physical injury claims," and that "perceived diminished value" will get no consideration.
ALG, the firm specializing in establishing residual values, determined that Cobalt owners had lost $300 compared to the segment competition and doesn't envision any long-term effects from the recall situation. Feinberg's statement comes in advance of public details on how the compensation fund will work and adheres to GM's long-held position on the matter. The company has already asked a judge to throw out such suits using the pre-bankruptcy defense, even as it stopped using that defense in cases of injury and death.
With plenty of potential gain from the GM suit, however, don't expect the plaintiffs to give up yet. When Toyota was sued for the same reason during the unintended acceleration debacle, it eventually settled the case for between $1 billion and $1.4 billion just to get it over with. Since the 85 law firms involved in the Toyota litigation took home more than $250 million of that total, we shouldn't expect the attorneys to give up on a GM payout, either.