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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

Looking Back At Oprah's Free-Car Giveaway 10 Years Later

Molly Vielweber's Pontiac G6 appears unremarkable at first glance. It wears forest green paint, rolls on five-spoke aluminum wheels, and it has a sizeable scrape in the driver's side door, the scar of a decade's worth of hard use. You wouldn't notice it parked at a big box store or cruising on the highway. Pontiac made hundreds of thousands of G6s in the 2000s, and a lot are still on the road. It's unremarkable in every way except for the front license plate, which reads, "Oprah 6." But this is not just any G6. This car is a part of television history. Vielweber won her G6 10 years ago at a taping of The Oprah Winfrey Show, when Oprah kicked off her 19th season in dramatic fashion by giving all 276 members of the studio audience a free car. It was an unprecedented stunt that changed lives, generated controversy and ultimately failed to provide enough of a marketing lift for Pontiac, which would be shuttered just over five years later. September 13 marks the 10-year anniversary of the memorable event, which caught everyone, including audience members, by surprise. In a masterful display of showmanship, Oprah dialed up the suspense to match the enormity – and cost – of the event. First she gave away 11 cars, which would have been a landmark TV promotion by itself. But then she coyly announced: "I've got a little twist." Models circulated throughout the audience carrying silver platters loaded with white boxes wrapped in red ribbon. One contained a set of keys, Oprah implied, for another audience member to win the final car. "Do not open it. Do not shake it," she commanded the crowd. Finally, with the suspense built to a fevered pitch, everyone opened their box. They all had keys. "You get a car! You get a car! You get a car! You get a car! Everybody gets a car!" Oprah exclaimed. "Everybody gets a car! Everybody gets a car!" This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings. Everybody did get a car. But not everyone kept it. William Toebe attended the show with his wife, Jillaine, and he immediately thought of the tax implications, which stretched to $6,000 or more for some audience members. It was a tough reality for many in the audience that day, some of which had been selected based on their need for a new car. "That responsible part of me stepped forward and wondered 'where am I going to get the money to pay the taxes?'" he recalled.

Even Ferrari swept up in latest Takata recall expansion

The scope of Takata's deadly airbag problems continues to widen. Eight manufacturers announced recalls Friday that affect more than 12 million vehicles, according to documents filed with federal regulators. The automakers include Honda, which is recalling 4.5 million units, Fiat Chrysler with 4.3 million, Toyota with 1.65 million, and Subaru, which is recalling almost 400,000. Some of these cars include the Saab 9-2x and Pontiac Vibe that Toyota and Subaru made for General Motors. Mazda will recall 730,000 vehicles and Nissan has 400,000 affected units. The smallest numbers were posted by Mitsubishi, with 38,000 Lancers manufactured from 2006 to 2007, and as a noteworthy high-end manufacturer, Ferrari is calling back 2,800 vehicles. These are all US-market cars. Beyond America, the Japanese Transport Ministry has announced seven million additional vehicles will be recalled, which means 19.6 million vehicles across the globe are affected by recalls announced. The defects have been traced to an insufficiently manufactured airbag inflator, which lacks a drying agent that would prevent the inflators from deteriorating over time. Thirteen deaths have been linked to the faulty airbags, which have become unstable and are prone to exploding and showering vehicle occupants with lethal amounts of metal shrapnel. A private equity firm, KKR & Co., has been named in a possible buyout of the struggling Takata. Related Video: News Source: ReutersImage Credit: Shutterstock Government/Legal Recalls Ferrari Honda Mazda Automakers Mitsubishi Nissan Pontiac Subaru Toyota Saab Safety