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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

Why the Corvette's Performance Data Recorder can be illegal in some states

The Performance Data Recorder with Valet Mode available on the 2015 Chevrolet Corvette Stingray seems like a fantastic tool for many owners. Whether they are taking 720p video while lapping the track in their new 'Vette, or just want to protect their purchase from inconsiderate joyriders, the system offers a lot of functionality in one package. However, one of the PDR's features might get buyers in trouble with the law, and it has nothing to do with recording some illicit high-speed driving on a favorite back road. The problem hinges on the various state laws concerning a person's right to privacy.
According to a letter posted by Jalopnik, Chevy dealers are asking 2015 Corvette owners not to use the Valet Mode portion of the PDR because it records audio in the cabin, in addition to performance specs. That's a problem because privacy laws vary from state to state with some requiring just one side's consent to tape sound and others requiring all parties to agree. According Jalopnik, 15 states mandate everyone's permission beforehand, but it's not clear whether these numbers are up to date. (Actually, the report varies, saying 13 states in some places and 15 in a list.)
According to the letter, Chevy is already working on a software update for the near future to rectify the issue. It's possible that simply adding a warning to drivers and the ability to turn off the audio recording function in Valet Mode might solve the problem. Obviously, this doesn't preclude Corvette drivers from using the performance aspect of the PDR, and owners are free tape lap after lap at the track.

Auto Show Notebook: Legendary Continental name inspired Lincoln's designers

What's in a name? A lot for the Continental concept, and it gave Lincoln designers a sense of purpose as they styled the brand's upcoming flagship sedan. "The moment that we told them, it was amazing," Lincoln president Kumar Galhotra said. "They totally got it." "It" is cutting-edge technology wrapped in stately, large-sedan design. It's a nod to Lincoln's storied past, but a signpost for where the brand is heading. Though the Continental name dates to the late 1930s, Lincoln designers avoided making the concept overtly retro. "You can't let it pull yourself back too far in history, but you've got to design a car that lives up to the name," Galhotra said. Speaking to Autoblog on the floor of the New York Auto Show where the Continental formally debuted Wednesday, the Lincoln president reiterated that the car is on track to launch in 2016. It will compete against the Audi A6, Lexus GS, BMW 5 Series and other large luxury sedans. After its debut, the concept in New York will fly to China – another critical market for Lincoln – for display there. It will be replaced in New York by a prototype without an interior. The Continental is the latest high profile play by Lincoln to raise its image with consumers, who have either ignored or forgotten about it amid steep competition in the luxury sector from German and Japanese brands and a potentially resilient Cadillac. Lincoln sales are essentially flat compared with 2014 through the first quarter of this year, with total volume of 21,478 units. The middling start to 2015 comes on the heels of nearly 16-percent sales growth last year spurred by the launch of the MKC and the prominent signing of Matthew McConaughey to star in Lincoln advertisements. Other News, Notes & Quotes Speaking of names, Chevrolet did its homework before deciding to proceed with "Malibu" for its new generation of midsize cars. "We went out and researched it," said Alan Batey, president of General Motors North America. "People actually like the name 'Malibu,'" he said. Admittedly, the current Malibu has struggled in the marketplace against entrenched competitors, Batey said, but he's optimistic its awareness and historical value are assets to the dramatically redesigned sedan."The name's strong," he said. Meanwhile, in other Chevy news, the brand kicked off a new marketing campaign, "Real People, Not Actors" Wednesday. It will show consumers interacting with Chevys and their spontaneous reactions to the vehicles.