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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

Chevy Volt 'acceptable,' Nissan Leaf 'poor' in new IIHS safety tests

Ford C-Max Hybrid also scored "acceptable" rating. With US Nissan Leaf sales up almost 30 percent during the first half of the year, the only thing that might be able to stop the battery-electric vehicle is a good, stiff barrier. Unfortunately, thing's aren't always pretty when that happens in the real world, according to new tests from the Insurance Institute for Highway Safety (IIHS). Things with the Chevrolet Volt extended-range plug-in are a little bit rosier, though. The two plug-in vehicles were part of a batch of a dozen vehicles that just went through the IIHS's "small overlap" test, in which the driver's side front corner of the vehicle is crashed into a rigid barrier at 40 miles per hour. Out of the dozen, only the Mini Cooper Countryman was given a "good" rating. Five vehicles, including the Volt and the Ford C-Max Hybrid, were rated "acceptable," two were "marginal" and two, including the Leaf, were "poor." Plug-in vehicles are unique in the crash-test context because of their relatively large battery sizes. In the Volt's case, the driver had a "low risk" of injury, said the IIHS. But the Leaf's crash substantially pushed back the instrument panel and steering column, creating a scenario where the driver was "likely" to sustain leg injuries. The batteries in both the Leaf and the Volt passed safety tests specifically targeted at things like thermo and electrical properties and overall integrity. "Nissan is proud of the Leaf's 'Good' rating in all other IIHS tests, a 4-star NCAP rating from NHTSA and its IIHS Top Safety Pick rating in all previous years since the car's release," the company said in an e-mail sent to AutoblogGreen. "As for the performance of the 2014 Leaf in the 'small overlap frontal test,' Nissan will continue to review these and other results from the IIHS 'small overlap frontal test' as we seek opportunities for improvement." Check out the IIHS's press release and small car crash-test video footage below. Range of ratings: Small car ratings run the gamut in challenging small overlap front test The Mini Cooper Countryman is the only small car to earn a good rating among the latest group of 12 cars subjected to the Institute's small overlap front crash test. Two electric models and a hybrid also are in the mix, with varied results. The electric-powered Chevrolet Volt (with a gasoline engine "range extender") earns an acceptable rating, while its battery-electric rival, the Nissan Leaf, earns a poor rating.

GM recalls 64k 2011-2013 Volts over carbon monoxide fears, stop sale on Trax and Encore

General Motors is recalling 50,249 Chevrolet Volts from the 2011-2013 model years in the US and an additional 13,937 exported examples because of fears over carbon monoxide buildup. According to a statement, if a Volt is accidentally left on while running on electric power, its internal combustion engine would eventually kick on to charge on the battery. If this happens in an enclosed space, then carbon monoxide can fill the area, leading to a potential exposure to the dangerous gas. According to GM, there have been two injuries reported due to this issue. To fix the problem, there's a software update to limit the time the vehicle can idle. According to Automotive News, GM is also issuing a stop sale on about 2,300 examples of the 2015 Chevrolet Trax and Buick Encore. In these compact crossovers, it's possible that the steering column assembly could touch the power steering circuit board and cause damage over time. This could potentially cause the system to stop working. Automotive News indicates that the automaker is still working with the supplier to get the necessary parts to repair this problem. General Motors is recalling 50,249 Chevrolet Volts in the U.S. from the 2011-2013 model years to implement a software update that will limit the amount of time a vehicle can be left idling in the "on" or "run" position. If a driver exits the vehicle and inadvertently leaves the vehicle "on" by failing to react to cues and warning chimes emitted by the vehicle, the vehicle's high-voltage battery will drain after a period of time and the gasoline engine will begin to run. If the gas engine runs for a long period of time within an enclosed space, such as a garage, carbon monoxide could build up. GM is aware of two injuries, both related to carbon monoxide build up. The total recall population including Canada and exports is 64,186. Related Video: