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U.S. appeals court preserves $210M Hyundai-Kia fuel economy class settlement

A U.S. appeals court restored a $210 million nationwide class-action settlement for hundreds of thousands of owners of Hyundai Motor Co and Kia Motors Corp vehicles whose fuel economy estimates were inflated. By an 8-3 vote on Thursday, in a case closely watched by class-action lawyers, the 9th U.S. Circuit Court of Appeals in Pasadena, California, said vehicle owners had enough in common to let them settle as a group. It also rejected arguments by owners opposed to the settlement that the claims process was too burdensome, and that lawyers for the class had colluded with the automakers to extract a "sweetheart deal" that undervalued their claims. The case began after the U.S. Environmental Protection Agency found flaws in Hyundai's and Kia's testing procedures, prompting the automakers to lower fuel efficiency estimates for about 900,000 vehicles from the 2011, 2012 and 2013 model years. Lawyers for objecting drivers had no immediate comment. Hyundai said it was grateful for the decision. Kia and its lawyers did not immediately respond to requests for comment. The decision by Circuit Judge Jacqueline Nguyen upheld a settlement approved in June 2015 by U.S. District Judge George Wu in Los Angeles. Wu "made careful findings, which the objectors here largely do not challenge, and which more than support the judgment," Nguyen wrote. The decision reversed a divided three-judge 9th Circuit panel's January 2018 rejection of the settlement and decertification of the class action. That panel said Wu failed to assess whether differences in state laws prevented certification of a nationwide class. It also said used car owners should have been excluded because it was unclear whether they had relied on the South Korean automakers' fuel economy claims. Lawyers had said it would become much harder to obtain nationwide settlements if the panel ruling stood. Nguyen had dissented from the panel ruling. Circuit Judge Sandra Ikuta, who wrote it, dissented on Thursday. Ikuta accused the majority of failing to determine what law should apply to the nationwide class or how the settlement, and thus attorneys' fees, should be valued. "The majority's failure to correct these errors may be beneficial for the class action bar, but it detracts from compliance with Supreme Court precedent," Ikuta wrote. The 9th Circuit covers nine western U.S. states, Guam and the Northern Mariana Islands.

First peek inside Hyundai's hybrid Prius fighter

There are two new vehicle rumors that the auto industry can't seem to get enough of these days: "Tesla fighters" and "Prius fighters." The former category is filled up by Porsche and Audi and more. In the ranks of those who want to take on the world's best-selling hybrid, we can add Hyundai, but this time with a potential twist. First, let's take a look at the latest spy shots of the potentially 2017 model year gas-electric hybrid, including our first look inside. This car will be based on the next-generation Elantra that is also supposed to arrive in 2017. Rumor has it that a medium-sized lithium-polymer battery pack could offer 38 electric miles before the 1.6-liter engine takes over. The new hybrid will likely have a new name and could appear at an auto show at some point in 2016. We've seen other versions of this Prius fighter disguised in different camo. If you'd like to compare the vehicles, you can do so here and here (the latter shows modified Elantra GTs). Now, what about that twist? Well, alongside the standard gas-electric vehicle, it appears that Hyundai might also be working on an all-electric version of its "Prius fighter." Wearing the "AE" moniker, the all-electric version isn't guaranteed to arrive when the gas-electric car does, and may show up later, according to Green Car Reports. This all fits with Hyundai's promise, in 2014, to introduce a new all-electric car for the US market. We won't be surprised if it has wireless charging, too.

Judge reduces damages in fatal Hyundai crash to $81M

Hyundai no longer has to pay $248 million as part of a court ruling from a fatal accident in Montana that killed two cousins in a 2005 Tiburon. The judge hearing the appeal revised the amount down to a total of about $81 million. She upheld the original $8.1 million in actual damages but reduced the punitive damages to $73 million from the previous $240 million.
According to Bloomberg, the judge refused Hyundai's desire to reduce the amount even further. She said in her court order that the company showed "an indifference to or reckless disregard of the health and safety of the motoring public."
In the original case, the families' attorneys alleged that the cracking of a faulty steering knuckle caused the fatal accident. Hyundai argued that fireworks had been let off inside the vehicle, which caused the driver to swerve and crash. In a statement released after the ruling, the automaker claimed that evidence supporting its defense was barred from the trial. According to Bloomberg, had the original amount of damages been upheld, it would have been the sixth-highest amount awarded by a jury in the US this year.