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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

Nissan Leaf makes it 19 in a row for record sales; Chevy Volt drops 21 percent

The Nissan Leaf continues its streak of "best month ever" sales with 2,881 EVs sold in September. Compared to the 1,953 sold in September 2013, that represents an increase of 47.5 percent and, as Nissan itself must be tired of saying by now, it marks yet another best month ever, same as last month and now the 19th in a row. Okay, sure, we know, Nissan will tout this run for as long as it can, but we're certainly expecting it each month, so if it ever doesn't happen, it'll be interesting to see how Nissan talks about it. Year-to-date, Leaf sales are up 35.7 percent compared to 2013. In any case, Nissan's director of EV marketing, Toby Perry, sent AutoblogGreen a statement that said, "Nissan Leaf owners have turned into some of our best marketers, and they jump at any opportunity to share their enthusiasm with friends and family. Take National Drive Electric Week – a grassroots celebration of all things EV and the perfect platform for LEAF owners to showcase the benefits of going electric. After celebrating with EV owners in more than 130 cities across the country, we saw a significant increase in Leaf showroom visits with midweek traffic just as heavy as what we see on the weekends." Year-to-date, Leaf sales are up 35.7 percent compared to 2013. Over on the Chevy Volt front, things aren't quite as rosy. After coming off a good August (the best sales month of 2014 by almost 500 units), Volt sales were down to 1,394, a decrease of 21.1 percent compared to September 2013. So far this year, Volt sales are down 13.2 percent year-over-year. It's kind of a stretch, but perhaps people are already waiting for the next-gen Volt, which will be revealed at the Detroit Auto Show in January, to go on sale? Speaking of things we say every month, our in-depth round-up of US green car sales is in process and will be appearing soon. Until then, please discuss how these two long-standing plug-in champs are doing on the sales floor. Green Chevrolet Nissan Electric Hybrid PHEV ev sales hybrid sales

Frustrated GM investors ask what more Mary Barra can do

DETROIT — General Motors Co Chief Executive Mary Barra has transformed the No. 1 U.S. automaker in her almost five years in charge, but that is still not enough to satisfy investors. Ahead of third-quarter results due on Oct. 31, GM shares are trading about 6 percent below the $33 per share price at which they launched in 2010 in a post-bankruptcy initial public offering. The Detroit carmaker's stock is down 22 percent since Barra took over in January 2014. After hitting an all-time high of $46.48 on Oct. 24, 2017, the shares have declined 33 percent. In the same period, the Standard & Poor's 500 index has climbed 7.8 percent. Several shareholders contacted by Reuters said GM could face a third major action by activist shareholders in less than four years if the share price does not improve. "I've been expecting it," said John Levin, chairman of Levin Capital Strategies. "It just seems a tempting morsel to somebody." Levin's firm owns more than seven million GM shares. Barra has guided the company through the settlement of a federal criminal probe of a mishandled safety recall, sold off money-losing European operations, and returned $25 billion to shareholders through dividends and stock buybacks from 2012 through 2017. GM declined to comment for this story, but the company's executives privately express frustration with the market's reluctance to see it as anything more than a manufacturer tied mainly to auto market sales cycles. GM's profitable North American truck and SUV business and its money-making China operations are valued at just $14 billion, excluding the value of GM's stake in its $14.6 billion Cruise automated vehicle business and its cash reserves from its $44 billion market capitalization. The recent slump in the Chinese market, GM's largest, and plateauing U.S. demand are ratcheting up the pressure. GM is one of the few global automakers without a founding family or a government to serve as a bulwark against corporate raiders. In 2015, a group led by investor Harry Wilson pressed GM to launch a $5 billion share buyback, and commit to what is now an $18 billion ceiling on the level of cash the company would hold. In 2017, GM fended off a call by hedge fund manager David Einhorn to split its common stock shares into two classes. Einhorn, whose firm still owned more than 21 million shares at the end of June, declined to comment about GM's stock price. Other investors said there were no clear alternatives to Barra's approach.