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GM isn't liable for punitive damages in ignition switch cases
Wed, Nov 20 2019NEW 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
GM Recalling Another 2.7 Million Vehicles In Five Separate Campaigns
Thu, May 15 2014The recalls keep rolling in from General Motors, evidently keen to avoid repeating the mistakes of the ignition-switch debacle and clean house. This time they're all coming at once, with five separate recalls announced together covering approximately 2.7 million vehicles. The largest of the five actions involves over 2.4 million units of the previous-generation Chevrolet Malibu and Malibu Maxx, Pontiac G6 and Saturn Aura in order to fix brake light wiring harness, which have been found to be susceptible to corrosion. The recall is separate from the 56k Aura sedans which GM recently recalled over faulty shift cables, not to mention the previous massive recall of 1.3 million vehicles – some of them the same models – but appears to have resulted from the National Highway Traffic Safety Administration investigation that started with the G6 almost a year ago. The second-largest campaign involves the 2014 Chevy Malibu, specifically those fitted with GM's 2.5-liter engine and stop/start system, approximately 140,000 examples of which has been found to have problematic brakes. The issue does not appear to be connected to the recall of 8k Malibu and Buick LaCrosse sedans (also involving brake woes) which we reported upon last week. Four crashes have been reported in such models, but GM admits it's not yet clear if the problem was a contributing factor in the accidents. A further 112k Corvette models from the 2005-2007 model years are being called in for problems with their low-beam headlamps resulting from a flexing relay control circuit wire that's not meant to bend. GM says it is "aware of several hundred complaints" about this issue, but notes that there have been no reports of related accidents. In addition, over 19k examples of Cadillac CTS from the 2013 and 2014 model years are being recalled over windshield wipers that might not work after a jump start. Finally, GM is also bringing in 477 examples of its 2014 Chevy Silverado, Tahoe and GMC Sierra (though not the Yukon) to fix a problem with a tie rod in its steering rack. As ever, all recall repairs will be performed free of charge, and GM is now estimating that recall-related actions this quarter will result in an estimated $200-million charge against its second-quarter earnings. Read the full announcement from GM below for further details.
GM calling in 56k Saturn Aura sedans over shift cables
Thu, 08 May 2014General Motors may have made a few mistakes when it came to the whole ignition-switch debacle, and it will likely be dealing with the consequences for some time to come. But you have to hand it to Mary Barra and her team, because they're determined to clean house and avoid the same mistakes. That's why the biggest of the Big Three automakers in Detroit has been issuing recalls left, right and Renaissance Center. Aside from those vehicles fitted with the faulty ignition switches, GM has recalled over 50,000 Cadillac SRXs, another 50 heavy-duty pickups and some 51,000 full-size crossovers. There are bound to be more to come, and now it's issued another 50k-unit recall over faulty shift cables in the transmission.
The recall affects 2007 and 2008 Saturn Auras fitted with the four-speed automatic transmission manufactured between April 24, 2006, and October 31, 2007. The recall doesn't affect models equipped with the six-speed automatic, or for that matter any of the Aura's Epsilon platform-mates like the Chevy Malibu, Pontiac G6, Opel Signum and Vectra, Saab 9-3 or - carrying over from Fiat's aborted partnership with GM - the Fiat Croma, although many of those models used the same 4T40 transmission employed in the Aura.
In the affected vehicles, the shift cable might fracture while in motion, preventing the transmission from shifting into Park or the ignition from switching off, which the National Highway Traffic Safety Administration figures could lead to the car rolling away. Hence the recall of 56,214 units in the United States, owners of which can expect to hear from their dealership in due course to have the necessary components replaced.