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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

Recharge Wrap-up: BYD unveils 60-ft electric bus, Honda sticking with hybrids in Europe

BYD has debuted a 60-foot electric bus at the American Public Transportation Association Expo in Houston, TX. The Lancaster bus, as it is called, has a 120-passenger capacity and can drive over 170 miles on a single charge. The articulated bus features low floors and no steps, thanks to in-wheel hub motors. BYD also displayed a 40-foot electric bus that drove the 1,500 miles to the show under its own power (recharging along the way, of course). Read more in the press release below. Honda says it will continue to sell hybrids in Europe, despite the fact that it has stopped selling the CR-Z and Insight due to slow sales. "Our focus at the moment is on our 1.6-liter diesel but we haven't forgotten about hybrid technology," says Honda Europe's Philip Ross. Honda will sell the next-generation Fit (badged as the Jazz) in Europe when it launches next summer, and will sell the next-gen hybrid version beginning in 2016. Honda sold 4,500 of the Jazz hybrid in Europe last year. Read more at Automotive News. XL Hybrids is selling its XL3 Hybrid Electric Drive System in California. The news comes after the California Air Resources Board issued an executive order allowing the aftermarket hybrid conversion for 2012-2014 Chevrolet Express and GMC Savana vans. The XL3 Hybrid regenerative braking conversion increases real-world mpg by about 25 percent. Read more in the press release below. NRG eVgo has finished installing 60 charging stations at the Sony Pictures Entertainment studio lot and offices in Culver City, California. The Level 2 chargers, which will be managed by NRG eVgo, allow employees to charge their EVs during the workday. An average of 90 EVs and PHEVs park at the studio headquarters every day, thanks in part to Sony Pictures' Alternative Vehicles Incentive program for its employees. Learn more in the press release below. Pennsylvania's Public Utility Commission will allow operators of EV charging stations to set prices based on kilowatt hour usage. This change ensures that drivers pay for the actual energy they use, rather than the time they spend charging, since different cars can charge at different speeds. Car Charging Group has already begun using the per-kWh fee structure at its charging stations throughout the state. Other states that allow kWh pricing are California, Colorado, Florida, Hawaii, Illinois, Maryland, Minnesota, New York, Oregon, Virginia and Washington. Read more in the press release below.

Weekly Recap: Revisting the BBC report that ended Jeremy Clarkson's Top Gear run

Jeremy Clarkson's long run as a Top Gear host has come to an end, and the reason is clear: His physical assault on one of the show's producers crossed a line, and the government-owned BBC couldn't tolerate it. The incident between Clarkson and Top Gear producer Oisin Tymon was initially described as a "fracas," and Clarkson was suspended. But his popularity and widespread support – even British Prime Minister David Cameron weighed in – suggested that the controversial Clarkson might be given yet another chance. The BBC put this to rest Wednesday when it sacked Clarkson and revealed the findings of its investigation. The report spelled out how Clarkson struck Tymon on the patio of a North Yorkshire (UK) hotel, leaving him with a bloodied, swollen lip. It was severe enough that the producer sought medical treatment. During and after the attack, Clarkson shouted expletives at Tymon and threatened to fire him. The noise carried into the hotel's dining room and even to a bedroom. Local police investigated the incident, but Tymon isn't pressing charges. The huge audience numbers, Clarkson's popularity and the high-octane excitement of Top Gear all melted away in the eyes of BBC director-general Tony Hall, who saw an attacker and a victim. "For me a line has been crossed," he said in a statement. "There cannot be one rule for one and one rule for another dictated by either rank, or public relations and commercial considerations." In that moment, Clarkson was the bad guy, though he was actually the one who reported it to the network and made repeated attempts to apologize to Tymon. He's also urged the media to leave the producer alone. Hall voiced regret in the statement that announced Clarkson's contract would not be renewed, but the BBC decided to move on. Rumors are swirling about possible replacements for Clarkson. The network says it wants to continue Top Gear in 2016 and is looking to air the rest of this season's episodes. Despite the controversy, the show has a global audience of 350 million viewers and is one of the BBC's most valuable properties. It's unclear what Clarkson's co-hosts, James May and Richard Hammond, will do, as their contracts were also reportedly up to be renewed. Other News & Notes 2016 Chevrolet Malibu hybrid charges up with Volt technology Chevrolet is taking some of the learnings and technologies from the 2016 Volt and dropping them into the reborn Malibu hybrid.