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GM isn't liable for punitive damages in ignition switch cases
Wed, Nov 20 2019NEW 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
Here's why automakers roll out those Texas-themed pickup trucks
Thu, Sep 29 2016Every year, automakers with a full-size truck link make a big show of the Texas State Fair, usually involving a reveal of a new model. Sometimes they show a whole new truck, and other times a special edition centered on the Lone Star state. While some people might write this off as a quirk of the industry, others might be wondering, "What's the big deal with Texas?" As it turns out, part of the big deal with Texas is big truck sales. According to Dave Sullivan, product analysis manager at AutoPacific, Texas buys more trucks than any other state in the country. It's not a small margin either. Edmunds.com, one in five trucks sold in the US are sold in Texas. The state also accounts for 15 percent of the country's large truck sales, which is more than twice that of California, the second largest truck market in America. Even when you break down sales only in Texas, trucks are a huge piece of the pie - Sullivan says that a quarter of new vehicle sales in Texas are trucks. One in five trucks sold in the US are sold in Texas. But it's not just sales that make truck builders give attention to Texas. As Sullivan explained, "Pickups are life in Texas." Both he and Hugh Milne, marketing and advertising manager for the Chevy Silverado line, said that trucks are key fixtures in Texas society, as both work trucks and luxury vehicles (or Texas Cadillacs as Milne called them). Milne said Texas is so important in the truck market that if you want to be successful in the rest of the country, "you've got to be successful in Texas." As for the State Fair, it has become a prime location for reveals in part because of the importance of the Texas market and because of how big the fair is. Milne also revealed that the State Fair also hosts its own auto show, so it's an ideal venue for a vehicle introduction. So there you have it. Why do truck builders obsess over Texas? It's because Texas obsesses over trucks. When you have one market that loves your product that much, you give it the attention it deserves. Related Video: Image Credit: Donovan Reese via Getty Images Auto News Marketing/Advertising Chevrolet Ford RAM Truck f-150 texas state fair
Buick Encore, Chevy Trax earn Top Safety Pick from IIHS [w/video]
Thu, Feb 12 2015The Buick Encore has been a massive sales success practically from the moment it debuted, and Buick recently decided to increase production to keep up with demand for the premium compact crossover. The Insurance Institute for Highway Safety recently put one to the test again, and the Encore earned a Top Safety Pick award. It's the first model from the brand to score the nod since 2013, according to the IIHS, and the rating also carries over to the 2015 Chevrolet Trax. The 2015 Encore scored a Good rating in all of the IIHS' evaluations, including the 40-mile-per-hour, small overlap front crash test. That was a big improvement over the previous model the institute tested, which scored a Poor result in the overlap test. In the first test, about 13 inches of the lower door hinge pillar came into the passenger compartment, and the steering wheel airbag moved too far to protect the dummy's head. Improvements for the latest model year showed six inches of intrusion this time, and the airbags caught the dummy's head well. The dummy's sensors also indicated a low risk of injury. The two CUVs missed out on the full Top Safety Pick+ because the IIHS scored the Encore as only having a basic front crash prevention system, and there was no such equipment for the Trax. To earn the highest mark, models need at least an advanced rating by the institute for this technology. Buick Encore, Chevrolet Trax earn 2015 TOP SAFETY PICK award ARLINGTON, Va. - A small SUV is the first vehicle from the Buick brand to qualify for a TOP SAFETY PICK award from the Insurance Institute for Highway Safety since 2013. The Buick Encore's newly introduced, lower-priced twin, the Chevrolet Trax, also qualifies for the honor. The Encore's award follows improvements to the SUV's structure for better small overlap front protection. The 2015 model earns a good rating in the small overlap test. In contrast, the 2013-14 Encore rated poor in the test. The driver's space was seriously compromised with intrusion measuring as much as 13 inches at the lower door hinge pillar. The dummy's head barely contacted the front airbag before sliding off the left side, as the steering column moved to the right. The side curtain airbag deployed too late and didn't have sufficient forward coverage to protect the head. In the latest test, the driver space was maintained reasonably well, with maximum intrusion of 6 inches at the door hinge pillar and instrument panel. The dummy's movement was well-controlled.
