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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

GM Recalling Another 2.7 Million Vehicles In Five Separate Campaigns

The recalls keep rolling in from General Motors, evidently keen to avoid repeating the mistakes of the ignition-switch debacle and clean house. This time they're all coming at once, with five separate recalls announced together covering approximately 2.7 million vehicles. The largest of the five actions involves over 2.4 million units of the previous-generation Chevrolet Malibu and Malibu Maxx, Pontiac G6 and Saturn Aura in order to fix brake light wiring harness, which have been found to be susceptible to corrosion. The recall is separate from the 56k Aura sedans which GM recently recalled over faulty shift cables, not to mention the previous massive recall of 1.3 million vehicles – some of them the same models – but appears to have resulted from the National Highway Traffic Safety Administration investigation that started with the G6 almost a year ago. The second-largest campaign involves the 2014 Chevy Malibu, specifically those fitted with GM's 2.5-liter engine and stop/start system, approximately 140,000 examples of which has been found to have problematic brakes. The issue does not appear to be connected to the recall of 8k Malibu and Buick LaCrosse sedans (also involving brake woes) which we reported upon last week. Four crashes have been reported in such models, but GM admits it's not yet clear if the problem was a contributing factor in the accidents. A further 112k Corvette models from the 2005-2007 model years are being called in for problems with their low-beam headlamps resulting from a flexing relay control circuit wire that's not meant to bend. GM says it is "aware of several hundred complaints" about this issue, but notes that there have been no reports of related accidents. In addition, over 19k examples of Cadillac CTS from the 2013 and 2014 model years are being recalled over windshield wipers that might not work after a jump start. Finally, GM is also bringing in 477 examples of its 2014 Chevy Silverado, Tahoe and GMC Sierra (though not the Yukon) to fix a problem with a tie rod in its steering rack. As ever, all recall repairs will be performed free of charge, and GM is now estimating that recall-related actions this quarter will result in an estimated $200-million charge against its second-quarter earnings. Read the full announcement from GM below for further details.

Toyota urges owners of old Corolla, Matrix and RAV4 models to park them until airbags are replaced

DETROIT — Toyota and General Motors are telling the owners of about 61,000 older Corolla, RAV4, Matrix/ Pontiac Vibe models to stop driving them because their Takata airbag inflators are at risk of exploding and hurling shrapnel. The urgent warning Monday covers: Certain Corolla compact cars and Matrix hatchbacks from the 2003 and 2004 model years. RAV4 small SUVs from 2004 and 2005. Also covered are about 11,000 Pontiac Vibes from 2003 and 2004, which are essentially the same as the Matrix and were made at the same California factory. Most of the vehicles are in the U.S. “If the airbag deploys, a part inside is more likely to explode and shoot sharp metal fragments, which could cause serious injury or death to the driver or passengers,” Toyota said in a statement. Owners can go to nhtsa.gov/recalls and enter their 17-digit vehicle identification number to see if their cars are affected. If you're not the original owner of the vehicle, the manufacturer's recall letter might not reach you, so be sure to do the VIN check. The recalled RAV4s have Takata driver's airbags while the Corolla and Matrix models have them on the passenger side. The Corolla and Matrix also are under a separate recall because their airbags can be deployed without a crash, the company said. Both companies said owners should contact a local dealer instead of driving the cars in for repairs. Dealers will provide options such as mobile repair, towing the car to a dealer, or vehicle pickup and delivery. Takata used volatile ammonium nitrate to create a small explosion to inflate airbags in a crash. But the chemical propellant can deteriorate over time when exposed to high temperatures and humidity. It can explode with too much force, blowing apart a metal canister and spewing shrapnel. At least 26 people have been killed in the U.S. by Takata inflators since May 2009, and at least 30 have died worldwide including people in Malaysia and Australia. In addition, about 400 people have been injured. The exploding airbags sent Takata of Japan into bankruptcy. The potential for a dangerous malfunction led to the largest series of auto recalls in U.S. history. About 100 million inflators were recalled worldwide. Recalls Pontiac Toyota Takata airbag recall