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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

Automakers tussle over owners of 'orphan' makes

When General Motors put down several of its brands in recent years, it also let loose thousands of brand-loyal customers who will eventually need another car.
R.L. Polk Associates estimates there are more than 18 million cars from 16 discontinued makes on the road today. Those "orphan owners" have sales-hungry competitors seeing dollar signs. GM is offering Saturn owners $1,000 cash toward a Chevy Cruze, Cadillac CTS or a GMC Acadia. Ford is giving its Mercury lease customers a chance to get out of their contracts with no early-termination penalty and offering to waive six remaining payments if they drive off in a Ford or Lincoln.
Edmunds.com research shows the efforts are paying off somewhat for GM, with 39 percent of Pontiac owners, 37 percent of Hummer owners and 31 percent of Saturn owners taking delivery of another GM-branded vehicle. But that leaves as much as 69 percent of owners going elsewhere. Ford, Honda and Toyota seem to be attracting many former GM owners.

GM replacing passenger airbags in over 243,000 Pontiac Vibes

General Motors is repairing over 243,000 additional examples of the 2003-2007 Pontiac Vibe in the US and Canada to replace their Takata-supplied passenger-side airbag inflators. The company has no reports of irregular deployments in the models, though. These aren't actually newly included vehicles in the massive safety campaign. As a twin to the Toyota Matrix, the Vibe was already included in Toyota's figures, but as Pontiac-branded vehicles, GM dealers are taking care of these replacements. They have been covered as part of the Takata campaign in the past. Toyota expanded its own Takata recall to passenger-side components for 1.365 million vehicles on June 16. Earlier, General Motors also issued a campaign for 330,198 examples of the 2007 and 2008 Chevrolet Silverado 2500HD, 3500HD, GMC Sierra 2500HD, and 3500HD pickups to replace their passenger-side parts. After exposure to moisture, it's possible for these inflators to ignite too quickly in an accident and spray shrapnel at occupants. GM Statement The Vibes are included in two Toyota recall campaigns - one for high absolute humidity (HAH) areas and one for non-HAH areas. Both are considered national recalls even though only vehicles in certain HAH states and territories are in the recall. Total Pontiac Vibe passenger air bag numbers for MY 2003-2007 (U.S. and Canada only): High Absolute Humidity 89,719 Non High Absolute Humidity areas 252,685 These are the totals, which include about 99,000 previously recalled. GM knows of no field issues - irregular deployments - with these air bag inflators.