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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

Win a car while supporting a charity this holiday season

Autoblog may receive a share from purchases made via links on this page. Pricing and availability are subject to change. No donation or payment necessary to enter or win this sweepstakes. See official rules on Omaze.  The leaves have fallen, there is a crispness to the air and there have already been multiple forecasts of snow, which can only mean one thing: We're coming up on Christmas. While you've been busy thinking about what kind of gifts you're going to give your loved ones, we here at Autoblog have been deciding which dream car we'd like to see in our driveway on Christmas morning. A car for Christmas does seem a bit extreme and expensive, but thanks to these Omaze sweepstakes, it doesn't have to break the bank. Here are the current sweepstakes we'd like to win this holiday season. Win a DeLorean DMC-12 - Enter at Omaze James Riswick, West Coast Editor: Let me be clear, the DeLorean is a pretty terrible car. Its speedometer doesn't even go up to the fabled 88 mph. Seriously, look at the pictures: tops out at 85. Also, who services a DeLorean? And how much would it cost to maintain one? $AlloftheMoney or just $MostoftheMoney? So owning it could be a total headache, but at least by winning one through Omaze, you'd be relieved of the financial burden of buying one in the first place. You'd also get the chance to own one of the most iconic cars of all time, one that transcends car enthusiasm and is instantly recognizable by everyone as the "Back to the Future" car. Plus, "everyone" doesn't know that the DeLorean was actually a pretty terrible car. So, I already own James Bond's car from 1995, why not Doc Brown's from 1985? Win a 2021 Bentley Bentayga V8 - Enter at Omaze Eddie Sabatini, Production Manager: Why am I choosing a +$200K Bentley SUV? Because even if I could afford one I'd never be able to wrap my head around spending money on one. So why not try to win one by donating what I can afford to a good cause? I first saw the Bentley Bentayga up close and personal at the Frankfurt Motor Show (I forget which year but I'll never forget this SUV). And although it looks like the Bentayga Omaze is offering up doesn't have the opulent tailgate setup I fell in love with when I saw it in Frankfurt, I'd still enter to win. Win a 1968 Mercedes-Benz 280SL Pagoda - Enter at Omaze Byron Hurd, Editor: Few automotive marketing efforts stick out in my head more than the Mercedes-Benz holiday spots and magazine placements.

German prosecutors have recorded calls between VW bigwigs talking dieselgate

It's barely possible to believe how poorly Volkswagen continues to handle dieselgate. Depending on which day you catch the news, the German carmaker embodies the corporate venality of "Michael Clayton," the comic blundering of the Coen Brothers' "Burn After Reading," and the every-man-for-himself vengeance of "Reservoir Dogs." Today is Tarantino day, with news that German prosecutors have recordings of phone calls between former Audi and Porsche development boss Wolfgang Hatz, ex-Volkswagen Group executive Matthias Muller, and current Porsche executives Oliver Blume and Michael Steiner. Hatz made the calls to the trio in November 2015, two months after Volkswagen admitted its diesel-particulate sins to the U.S. Environmental Protection Agency. Hatz was still employed at the time, and in his company car. Who recorded the calls? His wife. Hatz and his missus apparently saw the storm coming and started stacking defenses early. Hatz's wife, who can be heard encouraging Hatz during at least one call, sent the recordings to Hatz's attorney from her mobile phone. According to a Google translation of the German newspaper Handelsblatt's report, she included the note, "Here is a very long, but quite informative conversation on the current situation with useful formulations." The report in Handelsblatt said that in Germany it is generally "not allowed" to record a conversation and pass it on to a third party. We don't know how the authorities will handle this matter, since prosecutors found the recordings in e-mail attachments on Mrs. Hatz's mobile phone. Remember, when the diesel scandal broke, VW spent months saying that only a small number of low-level personnel were behind it, and all of the higher-ups had been blindsided. Ex-CEO Martin Winterkorn claimed to be "stunned that misconduct on such a scale was possible in the Volkswagen Group." Winterkorn successor Matthias Muller said, "according to current information, a few developers interfered in the engine management." Former VW USA honcho Michael Horn told a congressional committee that "a couple of software engineers" programmed the software for reasons no one could understand. In the recorded conversations, Hatz apparently called Muller to find out how VW planned to treat him.