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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

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

Toyota urges owners of old Corolla, Matrix and RAV4 models to park them until airbags are replaced

DETROIT — Toyota and General Motors are telling the owners of about 61,000 older Corolla, RAV4, Matrix/ Pontiac Vibe models to stop driving them because their Takata airbag inflators are at risk of exploding and hurling shrapnel. The urgent warning Monday covers: Certain Corolla compact cars and Matrix hatchbacks from the 2003 and 2004 model years. RAV4 small SUVs from 2004 and 2005. Also covered are about 11,000 Pontiac Vibes from 2003 and 2004, which are essentially the same as the Matrix and were made at the same California factory. Most of the vehicles are in the U.S. “If the airbag deploys, a part inside is more likely to explode and shoot sharp metal fragments, which could cause serious injury or death to the driver or passengers,” Toyota said in a statement. Owners can go to nhtsa.gov/recalls and enter their 17-digit vehicle identification number to see if their cars are affected. If you're not the original owner of the vehicle, the manufacturer's recall letter might not reach you, so be sure to do the VIN check. The recalled RAV4s have Takata driver's airbags while the Corolla and Matrix models have them on the passenger side. The Corolla and Matrix also are under a separate recall because their airbags can be deployed without a crash, the company said. Both companies said owners should contact a local dealer instead of driving the cars in for repairs. Dealers will provide options such as mobile repair, towing the car to a dealer, or vehicle pickup and delivery. Takata used volatile ammonium nitrate to create a small explosion to inflate airbags in a crash. But the chemical propellant can deteriorate over time when exposed to high temperatures and humidity. It can explode with too much force, blowing apart a metal canister and spewing shrapnel. At least 26 people have been killed in the U.S. by Takata inflators since May 2009, and at least 30 have died worldwide including people in Malaysia and Australia. In addition, about 400 people have been injured. The exploding airbags sent Takata of Japan into bankruptcy. The potential for a dangerous malfunction led to the largest series of auto recalls in U.S. history. About 100 million inflators were recalled worldwide. Recalls Pontiac Toyota Takata airbag recall