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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

Watch this week's Top Gear America used-car challenge

Top Gear America is back for the penultimate episode of the first season. Used car challenges were some of the highlights of the original UK edition. In our exclusive clip, Tom Ford, Antron Brown and William Fichtner run their $7,000 sports cars in a drag race. As expected, the trio chose very different cars for the challenge. Watch the video to see if a Subaru WRX's all-wheel drive can overcome a power deficit to beat a Ford Mustang and a Chevy Corvette. Brown and Fichtner also spend some time relaxing with an old Jeep Wagoneer. Like them, we're really hoping Jeep will bring back the Wagoneer nameplate. Brown also drives a Maserati Levante, proving that not all family cars need be boring. This week's guest star is actor, rapper and former host of Pimp My Ride, Xzibit. Top Gear America airs Sundays at 8 p.m. Eastern on BBC America. Related Video: Celebrities TV/Movies Chevrolet Ford Subaru Top Gear exclusive top gear america

Since 2010, Chevy Volt has outsold Nissan Leaf by just two units

The first two plug-in vehicles from major automakers in the US were the Chevy Volt and the Nissan Leaf. Ever since they went on sale to much fanfare in late 2010, we've been tracking the monthly sales with great interest (and, of course, other green vehicle sales as well). After a big initial lead by the Volt – the Volt outsold the Leaf 23,461 to 9,819 in 2012 – the Leaf has been chugging along and outsold the Volt every month since November 2013. We knew that the cumulative totals would soon tip in favor of the Leaf, but for at least one more month, the Volt is going to be able to say its the most popular plug-in vehicle in the US. Overall, for all officially reported sales of the Leaf and the Volt, things are almost exactly tied. Since the vehicles went on sale in the end of 2010 until the end of February 2015, the Volt has sold 74,592 units and the Leaf has sold ... drumroll please ... 74,590 units. For February, Leaf sales totaled 1,198 units, a 17-percent drop from the 1,425 Leafs sold last February. Brendan Jones, Nissan's director of Electric Vehicle Sales and Infrastructure, said in a statement that, "Tough winter weather in several key markets held EV sales back in February. As we head into spring, we look forward to seeing more dealership traffic so shoppers can experience firsthand the benefits of the all-electric Nissan Leaf." Of course, it was cold in the US last February, too, but we're sure that the nasty weather did indeed play a role last month. Things were even worse for the Chevy Volt, which dropped to just 693 copies sold, down 47 percent from the 1,210 sold last year. That's just barely enough for Chevy to keep talking about its plug-in sales leadership, but we expect the message to change once the March numbers come out next month. Related Video: