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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

GM recalling 686k Lambda-platform models for hatch repair

General Motors is recalling 686,287 units of its Lambda platform crossovers. On models equipped with a power rear hatch the system can potentially fail. This campaign includes the 2008-2012 Buick Enclave, 2009-2012 Chevrolet Traverse, 2007-2012 GMC Acadia, and 2007-2010 Saturn Outlook. According to GM's documents to the National Highway Traffic Safety Administration (as a PDF), dirt can get into a portion of the strut that holds up the hatch and cause the part to prematurely fail. There's a redundancy in place called the Prop Rod Recovery system that's designed to shut the liftgate if there's a malfunction. However, if the breakdown happens too quickly after the hatch is opened the prop rod might not work the way it's supposed to. If someone were in the way of the falling liftgate, they could be hurt. For the repair, dealers will update the software for the power liftgate actuator motor control unit to prevent the hatch from closing so quickly. They'll also check the operation of the system afterward. Related Video: RECALL Subject : Liftgate Struts may Fail and Liftgate may Fall Report Receipt Date: JUN 30, 2015 NHTSA Campaign Number: 15V415000 Component(s): STRUCTURE Potential Number of Units Affected: 686,287 All Products Associated with this Recall Vehicle Make Model Model Year(s) BUICK ENCLAVE 2008-2012 CHEVROLET TRAVERSE 2009-2012 GMC ACADIA 2007-2012 SATURN OUTLOOK 2007-2010 Details Manufacturer: General Motors LLC SUMMARY: General Motors LLC (GM) is recalling certain model year 2008-2012 Buick Enclave vehicles manufactured January 3, 2007, to February 29, 2012, 2009-2012 Chevrolet Traverse vehicles manufactured July 6, 2008, to February 29, 2012, 2007-2012 GMC Acadia vehicles manufactured September 15, 2006, to February 29, 2012, and 2007-2010 Saturn Outlook vehicles manufactured August 17, 2006, to March 18, 2010. The affected vehicles, equipped with the power liftgate option, have gas struts that hold the power liftgate up when open. These struts may prematurely wear and the open liftgate may suddenly fall. CONSEQUENCE: If the open liftgate unexpectedly falls, it may strike a person, increasing their risk of injury. REMEDY: GM will notify owners, and dealers will update the software for the power liftgate actuator motor control unit so that the motor will prevent the rapid closing of the lift gate, free of charge. The manufacturer has not yet provided a notification schedule.

A chopped-up General Motors EV1 shell sold for $23,662

Despite not having a VIN, a powertrain, a frame, or any doors, a decrepit General Motors EV1 shell recently sold for $23,662.10 on govdeals.com. Sold by the University of Cincinnati, the car — or what remains of it — is headed to an electric vehicle collection called The Beata Electric Motor Carriage Collection. Technically, the GM EV1 was the first mass-produced and purposed-built electric car in America. When it was released in 1996 for the 1997 model year, however, GM strictly leased the car as part of a "real-world engineering evaluation." The limited production run was meant to test real life with an EV and judge the interest from the public. GM only built 1,117 units, all of which were recalled, and most of them ultimately were sent to the crusher. But a select few were stripped of their powertrains and donated to universities and museums for educational purposes. One of those non-functioning cars made it to the University of Cincinnati in 2008. The post says it "has been in storage since," but it's not clear if the car sat in storage untouched or was stored and used by the university. According to EpiclyEpicEthan1, who posted the sales listing to r/cars, the car was purchased by The Beata Electric Motor Carriage Collection in Colorado. The Beata (derived from the Latin word for blessed) collection is a gathering of '90s OEM electric vehicles and a general EV hub. The website says the vehicles are used for testing, diagnostics, education, events, and overall preservation and documentation. The rare and niche collection also includes a 1993 Dodge/Chrysler TEVan, a 1997 Honda EV Plus, a 1999 Dodge/Chrysler EPIC EV, a 1998 Ford Ranger EV, a 2002 Toyota RAV4 EV LongRanger III, a Tesla Roadster, a 1998 Nissan Altra EV, a 1998 Chevrolet S-10 EV, a 2011 Nissan Leaf, and a 2012 Tesla Model S. Beata also has several other projects under construction such as the 2000 Toyota RXT-G Prototype, a 1997 RAV4 coupe EV prototype, the 1995 AC Propulsion eCivic EV, a 1995 ACP RXT-G Prototype LongRanger II, a 1995 ACP RXT-G Prototype LongRanger I, and a GM EV1. Beata acts as a resource for EV1 owners and helps place parts it finds and doesn't need. The parts it does need are put into building a working EV1. Beata's current EV1, which is 80 percent complete, is made up from more than 50 different parts sources, including from all three versions of the EV1, the 1994 LPF4 PreView "Impact" series, the 1997 EV1, and the 1999 EV1.