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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

Fullsize GM SUVs have a problem that's making owners sick

Some fullsize SUV owners are getting sick, thanks to a buffeting and vibration problem in 2015 model year examples of the Chevy Tahoe and Suburban, Cadillac Escalade, and GMC Yukon. According to owners' complaints to the National Highway Traffic Safety Administration, the issue can vary from an annoying vibration inside the cabin to an experience so severe that it leads to dizziness and headaches. General Motors is aware of the complaints, but the fix isn't so simple. According to spokesperson Tom Wilkinson to Autoblog, the company "has been tracking this issue for a while." The problem has a fairly low incidence rate, but when it does occur the issue can be "uncomfortable and annoying for owners." There's no precise cause for the issue, Wilkinson claims, and in some cases, simply balancing the tires or changing the door seals can make it go away. However, not all of the fixes are so simple. AutoGuide dug deep into the problem and discovered a GM preliminary information bulletin that advised dealers to remove the headliner and to check the roof's bonds to the bows that go across the vehicle. However, that document included a note that the solution might not entirely eliminate things. According to AutoGuide, adding Dynamat insulation to the roof sometimes helped the problem. A GM spokesperson also told AutoGuide the company fixed the problem at the end of the 2015 model year, and didn't go into any more detail. This roof issue seems linked to some of the worst droning in these SUVs. According to one complaint from a 2015 Suburban owner to NHTSA: "Roof will not remain attached to the roof bows. This causes the buffeting similar to a window being down when all are up. The results span from annoying to painful." A 2015 Yukon owner claims to have another alleged cause for the problem in a NHTSA complaint from February 2015. This person brought their SUV to the dealer seven times over the course of four weeks for vibrations. The dealer replaced the driveshaft, suspension components, and more, but nothing worked. According to an engineer to the service adviser: "In an effort to prevent roll overs, they designed the frame and body mounts too stiff. There are 40 engineers working on issues, they have no solutions that work across the board." Wilkinson told Autoblog that GM is working with customers on an individual basis to rectify things. Since these are newer vehicles, dealers should also fix the problem under warranty.

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