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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

Nissan recalls 3.5 million vehicles over airbag sensor

Nissan is recalling 3.53 million vehicles globally – 3.2 million in the United States – because the front passenger airbag may or may not deploy properly in the event of a crash. In affected vehicles, the occupant sensing system may not properly register a person sitting in the passenger seat. Passenger-side airbags in roughly 622,000 Nissan Sentra models built between 2013 and 2016 may deploy in crashes when they shouldn't, such as when a child is in the seat. 2016-2017 Nissan Maxima, 2013-2016 Nissan Altima, NV200, and LEAF, 2013-2017 Nissan Pathfinder, 2014-2016 Nissan NV200 Taxi, Infiniti QX60 and Q50, 2014-2017 Nissan Rogue, 2015-2016 Nissan Murano, Chevrolet City Express and 2013 Infiniti JX35 vehicles suffer from the opposite problem. In those models, the airbag may not deploy when it is supposed to. Nissan is aware of at least three crashes where airbags in one of the above models did not function properly, resulting in "moderate injuries." There have already been four recalls since 2013 for similar issues in Nissan vehicles. If you own one of these cars, expect a letter from Nissan in short order (or from GM if you own a Chevy City Express). Related Video: RECALL Subject : Passenger Air Bag may not Deploy due to OCS Error , 1 INVESTIGATION(S) Report Receipt Date: APR 26, 2016 NHTSA Campaign Number: 16V244000 Component(s): AIR BAGS Manufacturer: Nissan North America, Inc. SUMMARY: Nissan North America, Inc. (Nissan) is recalling certain model year 2016-2017 Nissan Maxima, 2013-2016 Nissan Altima, NV200, LEAF and Sentra, 2013-2017 Nissan Pathfinder, 2014-2016 Nissan NV200 Taxi, Infiniti QX60 and Q50, 2014-2017 Nissan Rogue, 2015-2016 Nissan Murano, Chevrolet City Express and 2013 Infiniti JX35 vehicles. In these vehicles, the front seat passenger Occupant Classification System (OCS) may incorrectly classify an adult passenger as a child or classify the seat as empty despite it being occupied. As a result, the passenger frontal air bag may be turned off and not deploy in the event of a crash. CONSEQUENCE: If the passenger frontal air bag does not deploy as intended in the event of a crash, the passenger is at an increased risk of injury. REMEDY: Nissan will notify their owners. Chevrolet City Express owners will be notified by General Motors.

Chevy Volt has worst sales month since August 2011, Nissan Leaf also down

January is traditionally a time when new car shoppers take a break. For the last few years, if we isolate our focus to just the first two major plug-in cars in the US market, we see that the first month of the year was lower – often dramatically lower – than the 11 that followed. So, when you see the Chevy Volt dropped and Nissan Leaf sales figures for January 2015, don't be too surprised. The Volt sold only 542 units last month, that model's lowest since August 2011. That also represents a 41 percent drop from January 2014, and it reinforces the thought that if anyone out there is interested in a new Volt, they're going to be waiting for the new model to drop later this year. While we do expect sales to climb in February and into spring, we won't be surprised if the general Volt trend remains quiet until the second-generation arrives. On the Leaf side of the ledger, January's low sales numbers were still about twice as high as the Volt's – the Leaf sold 1,070 units last month, the lowest since February 2013 – but it did break a streak for the Japanese automaker. Usually, each month represents at least an increase over the same month a year ago, but that wasn't the case this time. In January 2014, Nissan sold 1,252 Leafs. Still, Brendan Jones, Nissan's director of electric vehicle sales and infrastructure, issued an upbeat statement: "We saw a significant increase in demand in December from Nissan Leaf customers looking to take advantage of federal and state incentives at the end of the tax year, which pulled some sales ahead. We're confident that EV sales will continue to rise over time due to increasing emission regulations and other reasons for purchase of EVs such as lower operating costs, reducing dependence on foreign energy sources, environmental concerns and a great driving experience." The numbers will tell us soon enough. News Source: General Motors, Nissan Green Chevrolet Nissan Electric Hybrid ev sales brendan jones