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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

Porsche Sports Car Together Fest is a labor of many Porsche loves

Over Labor Day Weekend, Porsche held its second annual Sports Car Together Fest (SCTF) at the Indianapolis Motor Speedway. We happened to be nearby, so we swung by to check out an event we’d never heard of until a few weeks before. Reading about it on Porsche's U.S. web site made us think it would be something like Rennsport Reunion for the Midwest. Turns out SCTF is just as much of a different kind of fun. The fest Tom MooreÂ’s the man behind Dark Horse Motorsports, the motorsport consultant for Porsche Cars North America (PCNA) PR. "People love Rennsport Reunion, but thatÂ’s every three to four years," he explained. “We wanted to gather people on those off years, and we didn't want to just do a mini Rennsport, because thatÂ’s its own thing. WeÂ’ve maintained the motorsport history at Rennsport. Here [at SCTF], we're doing the current look at what Porsche racing is for." In this case, that means gathering what Moore called "our Porsche motorsport pyramid." ThatÂ’s the range of enthusiast drivers from novice to hotshoes trying to get to top-tier endurance racing, "[starting] with the progression from Porsche Club of America track days up to the top of the ladder of one-make racing in North America," the Carrera Cup North America, a series made up of nothing but the latest 500-horsepower 911 GT3 Cup cars.  The three days of racing action allowed almost any kind of Porsche owner interested in clipping apexes to compete around an Indianapolis Motor Speedway layout tweaked with an infield section. This year, that included ex-NASCAR star Jeff Gordon, coming out of retirement to reunite with his longtime NASCAR crew chief Ray Evernham for the top-class Cup races.  Evernham told us Gordon hasnÂ’t raced in five years and he hasnÂ’t been a crew chief in 22. On very short practice, Gordon finished in 14th in the Pro Class in the first Carrera Cup race of the weekend driving the #24 Hendrick Performance Group Porsche, and 11th in the second race. Afterward, he said, "I made a pass on the white flag lap. That made my whole weekend Â… I must say that yesterday, I thought ‘man, I am getting beat out hereÂ’ and I donÂ’t like that. If I am going to be in an environment like this, I want to be competitive. But today turned the corner for me. So, I hope I get to do another one day."  When we strolled the paddock after the event, exposed sheet metal proved "Rubbing is racing" is a thing in the Carrera Cup as well as NASCAR.

Junkyard Gem: 1980 Pontiac Phoenix LJ Hatchback

The car-building world was rushing headlong into front-wheel-drive by the late 1970s, eager to reap the weight-saving and space-enhancing benefits of front-drive designs. General Motors designed an innovative FWD platform to replace the embarrassingly outdated Chevrolet Nova and its siblings, and that ended up being the Chevrolet Citation. The other US-market GM car divisions (except Cadillac) got a piece of the X-Body action, and the Pontiac version was called the Phoenix. Here's one of those first-year Phoenixes, not doing a very good job of rising from its snow-covered ashes in a Colorado self-service yard. Pontiac had used the Phoenix name on a luxed-up iteration of Pontiac's version of the Chevy Nova during the 1977-1979 model years, and so it made sense to apply that name to the Pontiac-ized Citation. Phoenix production continued through the 1984 model year (the Citation managed to hang on through 1985). Just to confuse everyone, the Nova name was revived in 1985, on a NUMMI-built Toyota Corolla. The LJ trim level was the nicest one for the 1980 Phoenix, and it included lots of trim upgrades and convenience features. However, even Phoenix LJ buyers had to pay extra for a three-speed automatic transmission instead of the base four-on-the-floor manual ($337, or about $1,291 in 2022 dollars). If you wanted air conditioning, that was another $564 and you had to get the $164 power steering and the $76 power brakes with it (total cost in 2022 dollars: $3,080). Affordable cars weren't so affordable back then, not once you started adding basic options. Both generations of the Phoenix had grilles influenced by those of the Pontiacs of earlier years. The base engine was the chugging 2.5-liter Iron Duke four-cylinder, but a 2.8-liter V6 was optional. This car has the V6, rated at 115 horsepower rather than the Duke's miserable 90 horses. The price tag: 225 bucks, or 862 inflation-adjusted 2022 bucks. The Phoenix was available just as a two-door coupe and five-door hatchback. The MSRP on this car would have started at $6,127, or around $23,469 now. That would have been a pretty good deal even after paying for the options, with the Phoenix's excellent mix of good interior space and solid fuel economy… but the Citation and its kin (the Oldsmobile Omega and Buick Skylark as well as the Phoenix) suffered from seemingly endless, highly publicized recalls and quality problems.