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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's got 107 problems and NHTSA's No. 1

General Motors' problems with its recall of roughly 1.6-million vehicles continue to mount. Now that it has emerged that GM knew about the problem since at least 2004 but waited to recall vehicles until February 2014, regulators at the National Highway Traffic Safety Administration have begun a much deeper investigation. NHTSA has sent a 27-page survey to GM that includes 107 questions about the timeline of what led up to the recall, and it has until April 3 to reply. This isn't a simple, multiple-choice test. Automotive News believes that hundreds of pages could be required to answer some of the queries. NHTSA says that it is still investigating GM's response to the recall. "We are a data-driven organization, and we will take whatever action is appropriate based on where our findings lead us," said NHTSA in a statement on its website. If found liable, the automaker could face a fine as high as $35 million and even possible criminal charges, according to Bloomberg. NHTSA's questions include a detailed explanation of GM's examination process; how it will improve the process; why a planned redesign of the cars' key in 2005 wasn't implemented; and specific data on each complaint it received. According to Bloomberg, NHTSA also has records that show the company had a meeting with regulators to discuss the airbag failure in a Chevrolet Cobalt in 2007. New GM CEO Mary Barra has also hired an outside law firm to conduct an independent investigation about what happened. It will include questioning company employees who were involved with the process from the start. The recall stems from faulty ignition switches that shut off the car while driving, and if it occurs the airbags deactivate. Thirteen deaths and 23 crashes have been caused by the problem, according to Bloomberg. If you would like to peruse NHTSA's entire questionnaire for GM, it can be viewed here. News Source: Automotive News – sub. req., National Highway Traffic Safety Administration, BloombergImage Credit: Carlos Osorio / AP / dapd Government/Legal Recalls GM Pontiac Saturn Safety pontiac solstice saturn ion saturn sky pontiac g5

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.