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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

Race Recap: Rolex 24 at Daytona was fast and feisty

Let the record show that victory at the 2015 Rolex 24 at Daytona went to the No. 02 Chip Ganassi Racing with Felix Sabates Target/Ford EcoBoost Riley DP driven by Verizon IndyCar drivers Scott Dixon and Tony Kanaan and NASCAR drivers Jamie McMurray and Kyle Larson. The winner did 740 laps to cover 2,634.3 miles in 24 hours and 57.667 seconds. That's a statement to this year's pace in spite of 18 cautions, two more than last year: the Michael Shank Racing Ligier got pole with a time of 1:39.194, slower than last year's pole time of 1:38.270; however, the winning car last year only did 695 laps. The fight for top honors was shaved to a four-car battle over the first third of the event. The No. 02 Ganassi car took the lead on the first lap, swapping it well into the night with the No. 01 Ganassi car, the No. 10 Wayne Taylor Racing Corvette DP, and the defending champion No. 5 Action Express Corvette DP, all of them staying within about 20 seconds of one another. The Action Express car had a fuel connector come loose and lost three laps getting towed back to the pits to have it reattached, but was back in the lead 18 hours in. The No. 01 Ganassi car dropped out with recurring clutch problems 22 hours in, retiring not long after. A race-within-the-race is where the concluding action happened, a seven minute, 30-second dash from the end of the last caution to the checkered flag. During the penultimate pit stops with an hour to go, Dixon was in second place followed Jordan Taylor in the Wayne Taylor Racing DP into the pits but beat him out, taking the lead. The Action Express car was in third. In the last pit stops of the race, Dixon gained even more time, getting a four-second advantage over Taylor. Then a full-course caution came out twenty minutes before the finish when a Prototype Challenge car hit the wall and caught fire, bunching up the field. That closed the pits, but the Wayne Taylor Racing car had to pit during that yellow because of a miscalculation of driver time. No driver can be behind the wheel for more than four hours in a six-hour period but Jordan Taylor was going to go over, so he came in to swap out for brother Ricky. That cost the team any chance of second place, since they took an additional drive-through penalty for entering closed pits. When the track went green again, Sebastien Bourdais in the Action Express car stayed all over Dixon for the final five laps but couldn't get around him.

Can Fernando Alonso win Indy? Here's why and why maybe not

SPEEDWAY, IN – The month of May has been a joy ride for Fernando Alonso at Indianapolis Motor Speedway. The two-time Formula 1 champion came to Indy having never turned left in a race car without also turning right. But he acquired such a feel for Indy's 2 1/2 -mile rectangle during a month of practice and qualifying that he's considered a strong contender to win the 101st Indianapolis 500 on Sunday, rookie or not. "You're not trying to bring somebody on who has very little experience driving very high-performance cars," said 2003 Indy 500 winner Gil deFerran, who this month has helped Alonso learn the nuances that make the speedway such a tough place to conquer. "I suppose it would be a little bit different if you were dealing with a younger, much less experienced person." Driving a McLaren Honda from the potent Andretti Autosport team, Alonso was consistently near the top of the speed charts in practice, he qualified fifth fastest at 231.300 mph, and he handled runs in heavy traffic like a driver who'd done it many times before. But those were the prelims. The race is another creature. "The car felt the best (it has) in the last two weeks. I was making some moves, taking some different lines. I am extremely happy." Other drivers say the speedway looks different on race day when the crowd, expected to top 300,000, fills the grandstands and makes an already narrow track seem even tighter. The three-wide rolling start is something Alonso has never experienced, and he will see the green flag from the middle of the second row between Takuma Sato and J.R. Hildebrand. And the space he'll be given by his competitors in the first 180 laps may disappear In the last 20 when it's every driver for themselves. Can a rookie like Alonso win this race? Absolutely, as Andretti driver Alexander Rossi showed last year when his team used a fuel-mileage strategy to win in his first taste of Indy. We're talking about Fernando Alonso here, who easily could show his rookie stripes to the rest of the field most of the day. His best lap in Friday's final practice, 226.608, was fifth fastest in the field and, more important, he said the car felt comfortable in heavy traffic. "The car felt the best (it has) in the last two weeks," Alonso said. "I was making some moves, taking some different lines.