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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

2.1 million vehicles recalled again over faulty airbags

Fiat Chrysler Automobiles, Honda and Toyota will recall 2.1 million vehicles to fix faulty airbag modules "after the manufacturers' original attempts to fix the defects proved ineffective in some vehicles." These vehicles had all previously been recalled, but the National Highway Traffic Safety Administration found that the airbags could still potentially malfunction. This recall will cover Acura MDX, Dodge Viper, Jeep Grand Cherokee, Honda Odyssey, Pontiac Vibe, Toyota Corolla, Toyota Matrix and Toyota Avalon models made in the early 2000s. NHTSA has reportedly received about 40 reports of airbag deployment in such vehicles, even though the vehicle had not been involved in a crash. Roughly one million of these same vehicles, all from Honda and Toyota, are also subject to recalls due to faulty Takata airbag modules, though this particular recall is for "an electronic component manufactured by TRW" that is separate from the actual airbags from Takata. According to NHTSA Administrator Mark Rosekind: "This is unfortunately a complicated issue for consumers, who may have to return to their dealer more than once. But this is an urgent safety issue, and all consumers with vehicles covered by the previous recalls should have that remedy installed. Even though it's a temporary solution until the new remedy is available, they and their families will be safer if they take the time to learn if their vehicle is covered and follow their manufacturers' instructions. A hassle is much better than a family tragedy." If you're the owner of an affected car, expect to hear more from the official automaker and government channels in short order. In the meantime, we'd suggest getting your car checked and fixed at your local dealer. The official statement and recall information can be found below. Previously Recalled Vehicle Remedies Not Working as Designed; NHTSA Announces Follow up Recall of 2.12 Million Cars and SUVs Saturday, January 31, 2015 Contact: Gordon Trowbridge, 202-366-9550, Public.Affairs@dot.gov WASHINGTON – U.S. Transportation Secretary Anthony Foxx announced today the recall of more than 2.12 million Acura, Dodge, Jeep, Honda, Pontiac, and Toyota vehicles for a defect that may cause airbags to deploy inadvertently. The recalls will provide vehicle owners with a new remedy after the manufacturers' original attempts to fix the defects proved ineffective in some vehicles.

GM recalling 1.4 million older vehicles for oil leak fire risk

General Motors is recalling 1,411,332 older vehicles with its 3.8-liter V6 yet again due to a fire risk. Specifically, there are 1,283,340 of them in the US, and the affected models are the: 1997-2004 Pontiac Grand Prix 2000-2004 Chevrolet Impala 1998-1999 Chevrolet Lumina 1998-2004 Chevrolet Monte Carlo 1998-1999 Oldsmobile Intrigue 1997- 2004 Buick Regal The fault with these vehicles is that oil can drip onto the hot exhaust manifold during hard braking, which can potentially cause of fire. In the last six years, there have 19 reported minor injuries from this problem but no crashes or fatalities, according to the company. Spokesperson Alan Adler also told Autoblog: "GM has reports of 1,345 fires in vehicles that were repaired under two previous recalls for this issue." At this time, GM is still developing a remedy for the problem. According to Adler, the company advised owners to park these vehicles outside for the previous recalls. "The cars can be safely driven. In cases where a customer reported an engine fire while driving, smoke was reported, which would be an indication of a malfunction," he said. This is GM's fourth recall for this problem since 2008, according to The Detroit News. At one point it was believed that aging valve cover gaskets allowed the oil to leak out and drip onto the manifold. A campaign in 2009 covered nearly 1.5 million of these models through the 2003 model year for the same issue. At the time, dealers installed new spark plug wire retainers as a fix. Related Video: GM Statement: General Motors is recalling 1,283,340 older sedans and coupes in the U.S. from the 1997 to 2004 model years because drops of oil may be deposited on the hot exhaust manifold through hard braking, which can cause engine compartment fires. GM is working on a remedy. The company is aware of post-repair fires in some vehicles but no crashes or fatalities. There have been 19 reported minor injuries over the last six years. These vehicles with 3.8-liter V6 3800 engines are affected: 1997-2004 Pontiac Grand Prix, 2000-2004 Chevrolet Impala, 1998-1999 Chevrolet Lumina and 1998-2004 Chevrolet Monte Carlo, 1998-1999 Oldsmobile Intrigue and 1997-2004 Buick Regal. Including Canada, Mexico and exports, the total population is 1,411,332.