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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

General Motors Recalls Nearly 780,000 Cars To Fix Deadly Problem

General Motors is recalling nearly 780,000 compact cars in North America because the engines can shut down unexpectedly and cause crashes. The company says six people have been killed in crashes related to the problem. The recall affects Chevrolet Cobalts and Pontiac G5s from the 2005 through 2007 model years. U.S. safety regulators say the weight of the key ring and rough roads can move the ignition switch out of the run position, cutting the engine and electricity. If that happens, air bags may not work. GM says there have been 22 crashes from the problem. All happened at high speeds. Dealers will replace the ignition switch for free. GM says owners should remove nonessential items from key rings until the problem is fixed. Related Gallery Chevy Impala Earns Highest Accolades From Consumer Reports Recalls Chevrolet GM Pontiac Cobalt

2008-2009 Pontiac G8 recalled over airbag concern

General Motors is recalling around 38,000 Pontiac G8 sedans from its 2008 and 2009 model years. The National Highway Traffic Safety Administration reports that the cars may have a passenger-side airbag flaw that might prevent proper deployment in certain scenarios.
According to NHTSA, the airbag might not adequately protect a fifth percentile woman - that is, a woman around four-foot, 11-inches weighing 108 pounds. The New York Times indicates that the anomaly was found during a crash test conducted by GM's Australian branch, Holden, which was testing the G8's twin (read: Commodore) for head injuries. According to that report, the test in question is specifically tailored to simulate injuries to females, so the results do not apply to men or children.
The issue has been blamed on a seat position sensor that governs airbag deployment rates. NHTSA indicates that when the front passenger seat is moved all the way forward, the faulty sensor may inappropriately trigger a 30-millisecond delay between airbag stages, potentially leading to greater injuries.