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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

Best and Worst GM Cars

Oh yes, because we just love receiving angry letters from devoted Pontiac Grand Am enthusiasts, we have decided to go there. Based on a heated group Slack conversation, the topic came up about the best and worst GM cars. First of all time, and then those currently on sale, and then just mostly a rambling discussion of Oldsmobiles our parents and grandparents owned (or engineered). Eventually, three of us made the video above. Like it? Maybe we can make more. Many awesome GM cars are definitely going unmentioned here, so please let us know your bests and worsts in the comments below. Mostly, it's important to note that this post largely exists as a vehicle for delivering the above video that dives far deeper into GM's greatest hits and biggest flops, specifically those from the 1980s and 1990s. What you'll find below is a collection of our editors identifying a best current and best-of-all-time choice, plus a worst current and worst-of-all-time choice. Comprehensive it is not, but again, comments. -Senior Editor James Riswick Best Current GM Vehicle Chevrolet Corvette We were flying by the seats of our pants a bit in this first outing and my notes were similarly extemporaneous. When it came time to tie it all together on camera, I failed spectacularly. Thank the maker for text, because this gives me the opportunity to perhaps slightly better explain my convoluted reasoning. I chose the C8 Corvette because it's simply overwhelmingly good, and it's merely the baseline from which this generation of Corvette will be expanded.  While the Cadillac CT5-V Blackwing (more on that in a minute) is an amazing snapshot of GM's current performance standing and its little sibling so enraptured me that I went out and bought one, their existence is fleeting. Corvette will live on; forced-induction Cadillac sport sedans, not so much. So while all three are amazing machines when viewed in a vacuum, the Corvette stands above them as both a reflection of GM's current performance credentials and a signpost of what is to come. So, given the choice between the C8 and the 5V-Blackwing right now, I'd choose the C8. In 10 years, when the Blackwing is no longer in production and Corvette is in its 9th generation? Well, that might be a different story. Now, just pretend I said something even remotely that coherent when we get to the part of the video where I try to make an argument for the 5-V Blackwing as best GM car I've ever driven. Or just laugh at me while I ramble incoherently.

US database may have overstated deaths in GM ignition switch recall

The FARS analysis didn't take into account fatal accidents where the airbags weren't supposed to deploy. Earlier today, we reported that the actual death toll attributable to GM's ignition switch problem had crested the 300 mark according to new research, well up from the original reports of 12 to 13 deaths. Now, word is breaking that the US government database that informed the study that the report was based on may have significantly overstated the correlation between the study and the GM recall. The initial study was conducted by Friedman Research on behalf of the Center for Auto Safety, and used something called the US Fatality Analysis Reporting System. To recap, the study claimed that over a 10-year period, 303 people were killed in Chevrolet Cobalt and Saturn Ion coupes and sedans when their airbags failed to deploy. These undeployed airbags were then linked to GM's ignition switch recall, which as we've explained before, can turn the ignition out of the "run" position and into the "off" or "accessory" position, disabling the airbags in the process. Now, according to a report from The Detroit News, which cites research from the Insurance Institute for Highway Safety and the National Study Center for Trauma and EMS at the University of Maryland, the FARS analysis didn't take into account fatal accidents in conditions where the airbags weren't supposed to deploy (which isn't to say crashes and deaths weren't caused by loss of control from the ignition switching off in the GM vehicles). According to the report, this was a significant number of the cases. There is another potential problem, too. According to that same report, the National Highway Traffic Safety Administration uses both FARS and another database on fatalities, called the National Automotive Sampling System/Crashworthiness Data System (NASS/CDS). Where FARS uses what the DetNews calls "not always reliable" police data to record vehicular deaths within 30 days of a crash, NASS/CDS relies on what's known as a probability sample. It collects data on 5,000 crashes each year – including some found in the FARS database – to calculate a probability figure. According to a 2009 IIHS study, "Among crashes common to both databases, NASS/CDS reported deployments for 45 percent of front occupant deaths for which FARS had coded nondeployments." In plain English, FARS doesn't provide a reliable count airbag deployments.