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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

Recharge Wrap-up: Range-extended EV taxis in London, 2016 Chevy Volt interior two years old

The first Metrocab range-extended EV taxis are operating on the streets of London. The cabs use a 12.2-kWh battery and two 50-kW motors, as well as a 1.0-liter gasoline range extender. Fuel economy is 98 MPGe on the ECE101 cycle, and total driving range is over 348 miles before needing to charge or refuel. Cabbies can expect to save GBP20 to GBP40 (about $30 to $60) per day on average. "The cash savings on fuel are significant, the ride and comfort outstanding, and my first customers are thrilled with the new cab," says the first operator of the new EV taxi, Preston Morris. "With its air suspension providing unrivaled comfort, panoramic glass roof for views of the city and silent powertrain, what's not to like?" Read more in the press release below. Chevrolet has had the interior design of the 2016 Volt finished for two years already, according to GM interior designer John McDougall. Beginning around 2010, GM received sketches from designers worldwide before narrowing it down to a handful of designs. Then the top three choices were molded from clay. The chosen theme was then refined for up to 18 months. "Every little thing you can imagine goes into that," says McDougall. "The glare angle from the windows, the placement of the controls, the placement of the seat. You have to create something that's beautiful and functional." Read more at GM Authority and at Inside EVs. More details have emerged about the Second Life Batteries Alliance. Vattenfall has announced a research project in partnership with BMW and Bosch to use retired EV batteries for stationary, grid-connected energy storage in Hamburg, Germany. Over 100 lithium-ion batteries from BMW i3 and ActiveE vehicles will make up a two-mWh storage unit for grid balancing, enough to power 30 four-person households for a week. The system is "compact enough to fit in a small building," says Bosch. Such storage systems are especially fit for storing and moving alternative forms of energy, which often fluctuate in supply more than electricity from a traditional power plant. Vattenhall will operate the storage unit for 10 years, with Bosch managing the batteries, during which time the three partners hope to learn more about battery applications and their performance over time. Read more at Green Car Congress, or in the press release below.

Frustrated GM investors ask what more Mary Barra can do

DETROIT — General Motors Co Chief Executive Mary Barra has transformed the No. 1 U.S. automaker in her almost five years in charge, but that is still not enough to satisfy investors. Ahead of third-quarter results due on Oct. 31, GM shares are trading about 6 percent below the $33 per share price at which they launched in 2010 in a post-bankruptcy initial public offering. The Detroit carmaker's stock is down 22 percent since Barra took over in January 2014. After hitting an all-time high of $46.48 on Oct. 24, 2017, the shares have declined 33 percent. In the same period, the Standard & Poor's 500 index has climbed 7.8 percent. Several shareholders contacted by Reuters said GM could face a third major action by activist shareholders in less than four years if the share price does not improve. "I've been expecting it," said John Levin, chairman of Levin Capital Strategies. "It just seems a tempting morsel to somebody." Levin's firm owns more than seven million GM shares. Barra has guided the company through the settlement of a federal criminal probe of a mishandled safety recall, sold off money-losing European operations, and returned $25 billion to shareholders through dividends and stock buybacks from 2012 through 2017. GM declined to comment for this story, but the company's executives privately express frustration with the market's reluctance to see it as anything more than a manufacturer tied mainly to auto market sales cycles. GM's profitable North American truck and SUV business and its money-making China operations are valued at just $14 billion, excluding the value of GM's stake in its $14.6 billion Cruise automated vehicle business and its cash reserves from its $44 billion market capitalization. The recent slump in the Chinese market, GM's largest, and plateauing U.S. demand are ratcheting up the pressure. GM is one of the few global automakers without a founding family or a government to serve as a bulwark against corporate raiders. In 2015, a group led by investor Harry Wilson pressed GM to launch a $5 billion share buyback, and commit to what is now an $18 billion ceiling on the level of cash the company would hold. In 2017, GM fended off a call by hedge fund manager David Einhorn to split its common stock shares into two classes. Einhorn, whose firm still owned more than 21 million shares at the end of June, declined to comment about GM's stock price. Other investors said there were no clear alternatives to Barra's approach.