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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

GM delays 3.0-liter Duramax diesel in Silverado and Sierra pickups

Stricter testing protocols around the world are making it harder for automakers to predict launch timelines. GM is the latest to get caught in emissions nettles, the Detroit carmaker forced to delay the launch of its new Duramax 3.0-liter inline-six diesel for the Chevrolet Silverado 1500 and GMC Sierra 1500. That's what company reps told dealers in a memo seen by Automotive News this week. Dealers and buyers had been promised the Flint, Mich.-built oil-burner in early 2019, but AN wrote that the EPA certification hiccup has turned into a "slight delay." A GM spokesman told Motor1, "[We] did not attribute [the delay] to a single entity, as the truth is this is a collaborative effort between GM and several government entities. We will make the 2020MY Duramax available for dealers orders soon, and expect to deliver the first trucks to customers soon after emissions testing is complete." We know the new 3.0-liter Duramax diesel has 277 horsepower and 460 pound-feet of torque, outdoing Ford's 3.0-liter PowerStroke diesel by 27 hp and 20 lb-ft. But without final EPA paperwork, GM can't release the numbers that will show how the two engines stack up when considering fuel economy and tow ratings. The certification process has been sticky for a few other makers of late, especially since the Volkswagen Group situation in 2015. BMW had to delay the launch of four diesel models in 2016 over EPA testing. The new Ram 1500 dribbled out in a trickle last year for reasons thought to deal with EPA testing, coming as it did a year after the EPA investigated Ram's EcoDiesel engines in 2017 and 2018. More recently, WLTP testing in Europe caught out just about every automaker over there. Since we're almost halfway through 2019, the delay until the 2020 model year is only a few months. Still, GM told dealers to cancel any orders for the engine for this model year. Dealers will need to resubmit the orders once opening begins, but GM hasn't said when production will begin other than "soon." The company said that it will offer 2020-model-year replacement vehicles to customers and dealers. If prices hold into the next model year, the 2020 Silverado 1500 and Sierra 1500 with the inline-six diesel will come at a $3,890 premium over the 2.7-liter turbo four-cylinder, and a $2,495 premium over the 5.3-liter V8.

Some 2012-13 Chevy Volts may not have enough battery coolant

The 2012 and 2013 model year Chevrolet Volt extended-range plug-in vehicle may have a battery glitch caused by low coolant levels. No recall has been issued and General Motors is taking care of the issue at no cost to drivers. Some of the affected Volts may have lower-than-advisable coolant levels because of some pesky air pockets in the car's cooling circuit. When the coolant levels get too low, the charging system for the battery powering the car's onboard generator (i.e. the Rechargeable Energy Storage System, or the RESS) may be shut down, turning one's Volt into a run-of-the-mill gas-powered car, and a pricey one at that. The Car Connection says GM is advising owners of the '12 and '13 Volts to contact their local Chevy dealer for a free fix. GM representatives didn't immediately respond to a request for comment from AutoblogGreen for more details. We believe this is a separate issue than the one that brought 8,000 Volts back to the dealers for a battery coolant fix, what GM called a "voluntary customer satisfaction effort," a few years ago. General Motors sold 23,094 Chevy Volts last year after selling 23,461 Volts in 2012, so that fix-it list may get fairly lengthy. Check out a GM-Volt.com user thread related to this issue here. *UPDATE: Chevrolet spokesman Randy Fox confirmed in an e-mail to AutoblogGreen that the company issued a service bulletin to dealers that they may need to top off coolant levels on certain Volts because of the issue, and that the vehicle will "return to normal charging operation" once that's done.