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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 labor deal with UAW union on verge of ratification

Nov 15 (Reuters) - General Motors' tentative labor deal with the United Auto Workers (UAW) union closed in on ratification as the votes were counted on Wednesday. Following the approval earlier in the day by more than 60% of union members at the Detroit automaker's large Arlington, Texas, assembly plant, additional votes in favor have the deal close to clinching majority approval. The number of union locals, most of which are smaller, still to report vote totals is not large. After several large assembly plants voted against the deal earlier on Wednesday, some media had reported the deal was heading toward failure. But Arlington's support, followed by strong voting in favor by smaller warehouse and parts facilities, has put the deal on the brink of approval. This would mark the first ratification of a deal, which runs through April 2028, with one of the Detroit Three automakers. Ford and Stellantis voting is still under way, and workers at both companies were favoring ratification by comfortable margins. The UAW's GM vote tracking site currently shows approval of the contract leading by a 54% to 46% margin with almost 32,000 workers having cast votes out of about 46,000 UAW-represented GM workers. The Arlington plant, with about 5,000 UAW members, has the most of any GM plant. Voting officially ends on Thursday at 4 p.m. EST, although most votes will be cast on Wednesday. The UAW went on strike for more than six weeks against the Detroit Three, seeking better wages, working conditions and cost-of-living adjustments. All three companies agreed to tentative agreements about two weeks ago. Workers at other GM assembly plants voted against the deal, including 60% of workers at its Fort Wayne, Indiana, truck plant, 53% at its Wentzville, Missouri, plant, 58% of workers at GM's Lansing Grand River plant and 61% of workers at the Lansing Delta Township plant. Seven of GM's 11 assembly plants rejected the deal. In addition to Arlington, workers at plants in Detroit, Fairfax, Kansas; and Lake Orion, Michigan; approved the agreement. Only nine facilities are still listed without vote totals on the UAW vote tracker, including GM's Lockport, New York, components plant with about 1,200 members. Those voting in favor of the agreement have a lead of almost 2,500 and many of the facilities still to come include workers who stand to receive large pay increases upon ratification.

Kurt Busch suspended indefinitely after losing appeal

NASCAR has officially suspended Kurt Busch indefinitely after he was found in violation of two specific clauses in the stock racing rulebook, specifically "Actions detrimental to stock car racing" and a "Behavioral Penalty." Earlier in the week, the State of Delaware issued an Order of Protection from Abuse against him after a case detailing alleged domestic violence committed by Busch against his girlfriend, Patricia Driscoll, reached its conclusion. Busch and his legal team have exhausted all of their appeals options, meaning the indefinite suspension is official and final. Busch will not take part in the Daytona 500, which kicks off the 2015 NASCAR season today. Regan Smith will drive the No. 41 Stewart-Haas Chevrolet today at Daytona. It's not yet clear if Busch will face criminal charges over the domestic abuse incident. A Commissioner for Kent County in Delaware found that a "preponderance of evidence" led him to conclude that Busch did indeed commit "an act of domestic violence" against Driscoll, but that is a separate matter from the police investigation into the incident that is now in the hands of the office of the attorney general. NASCAR INDEFINITELY SUSPENDS DRIVER KURT BUSCH Daytona Beach, Fla. (Feb. 20, 2015) -- NASCAR has indefinitely suspended driver Kurt Busch for actions detrimental to stock car racing following the release today of a supplemental disposition setting forth the findings and conclusions that formed the basis for the Family Court of the State of Delaware's decision on Monday to issue an Order of Protection from Abuse against him. Busch, driver of the No. 41 car, was found to be in violation of: • Section 12.1.a: Actions detrimental to stock car racing • Section 12.8: Behavioral Penalty "Given the serious nature of the findings and conclusions made by the Commissioner of the Family Court of the State of Delaware, NASCAR has indefinitely suspended driver Kurt Busch, effective immediately. He will not be allowed to race nor participate in any NASCAR activities until further notice. "Kurt Busch and his Stewart-Haas Racing team are fully aware of our position and why this decision was made. We will continue to respect the process and timetable of the authorities involved." News Source: NASCAR via Nascar.comImage Credit: Maddie Meyer/Getty Celebrities Government/Legal Motorsports Chevrolet Racing Vehicles stock car racing stewart-haas racing domestic violence patricia driscoll