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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 1.4 million older vehicles for oil leak fire risk

General Motors is recalling 1,411,332 older vehicles with its 3.8-liter V6 yet again due to a fire risk. Specifically, there are 1,283,340 of them in the US, and the affected models are the: 1997-2004 Pontiac Grand Prix 2000-2004 Chevrolet Impala 1998-1999 Chevrolet Lumina 1998-2004 Chevrolet Monte Carlo 1998-1999 Oldsmobile Intrigue 1997- 2004 Buick Regal The fault with these vehicles is that oil can drip onto the hot exhaust manifold during hard braking, which can potentially cause of fire. In the last six years, there have 19 reported minor injuries from this problem but no crashes or fatalities, according to the company. Spokesperson Alan Adler also told Autoblog: "GM has reports of 1,345 fires in vehicles that were repaired under two previous recalls for this issue." At this time, GM is still developing a remedy for the problem. According to Adler, the company advised owners to park these vehicles outside for the previous recalls. "The cars can be safely driven. In cases where a customer reported an engine fire while driving, smoke was reported, which would be an indication of a malfunction," he said. This is GM's fourth recall for this problem since 2008, according to The Detroit News. At one point it was believed that aging valve cover gaskets allowed the oil to leak out and drip onto the manifold. A campaign in 2009 covered nearly 1.5 million of these models through the 2003 model year for the same issue. At the time, dealers installed new spark plug wire retainers as a fix. Related Video: GM Statement: General Motors is recalling 1,283,340 older sedans and coupes in the U.S. from the 1997 to 2004 model years because drops of oil may be deposited on the hot exhaust manifold through hard braking, which can cause engine compartment fires. GM is working on a remedy. The company is aware of post-repair fires in some vehicles but no crashes or fatalities. There have been 19 reported minor injuries over the last six years. These vehicles with 3.8-liter V6 3800 engines are affected: 1997-2004 Pontiac Grand Prix, 2000-2004 Chevrolet Impala, 1998-1999 Chevrolet Lumina and 1998-2004 Chevrolet Monte Carlo, 1998-1999 Oldsmobile Intrigue and 1997-2004 Buick Regal. Including Canada, Mexico and exports, the total population is 1,411,332.

GM 8-speed transmission lawsuit granted class action certification

A story on Autoblog about potentially faulty 8-speed automatic transmissions from General Motors in 2019 has, as of the day this was published, 166 comments, mostly from owners of cars and trucks who say they are experiencing "a hesitation, followed by a significant shake, shudder, jerk, clunk, or 'hard shift' when the vehicle's automatic transmission changes gears." At the time, lawyers were seeking statewide classes in at least six states. As of today, the Detroit Free Press reports that a judge has granted class action status to a lawsuit brought by 39 plaintiffs across 26 states covering the transmission issue. The lawsuit specifically applies to vehicles that are equipped with GM's 8L90 or 8L45 8-speed automatic transmissions made between 2015 and March 1, 2019. Both of these transmissions are similar units, the 8L45 being slightly lighter version used in fewer vehicles than the beefier 8L90, and are designed for front-engine, rear- or all-wheel drive applications. The lawsuit alleges that the erratic transmission behavior makes some vehicles unsafe to drive. Ted Leopold, partner at Cohen Milstein and the court-appointed lead counsel for the case, said in a statement, "General Motors knowingly sold over 800,000 eight-speed transmission vehicles, which they knew to be defective for years, and yet made the business decision not to tell its customers before purchase." He added, "Dealers were directed to tell the customers that harsh shifts were ‘normal' or ‘characteristic.Â’ Such decision making is both highly irresponsible and emblematic of what GM believes it can get away with." The vehicles included in the court order with potentially faulty transmissions includes: 2015-2019 Chevrolet Silverado 2017-2019 Chevrolet Colorado 2015-2019 Chevrolet Corvette 2016-2019 Chevrolet Camaro 2015-2019 Cadillac Escalade and Escalade ESV 2016-2019 Cadillac ATS, ATS-V, CTS, CT6, and CTS-V 2015-2019 GMC Sierra, Yukon, Yukon XL, and Yukon Denali XL 2017-2019 GMC Canyon Some additional details of the lawsuit can be found at the Cohen Milstein site, including claims that "since 2015, GM has issued thirteen versions of a “technical service bulletin,” or “TSB,” related to this shifting issue alone." The statement from Cohen Milstein says that a "second action regarding GM vehicles with 8L transmissions is also underway in Battle v. General Motors, LLC, 2:22-cv-108783.