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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

Auto Show Notebook: Legendary Continental name inspired Lincoln's designers

What's in a name? A lot for the Continental concept, and it gave Lincoln designers a sense of purpose as they styled the brand's upcoming flagship sedan. "The moment that we told them, it was amazing," Lincoln president Kumar Galhotra said. "They totally got it." "It" is cutting-edge technology wrapped in stately, large-sedan design. It's a nod to Lincoln's storied past, but a signpost for where the brand is heading. Though the Continental name dates to the late 1930s, Lincoln designers avoided making the concept overtly retro. "You can't let it pull yourself back too far in history, but you've got to design a car that lives up to the name," Galhotra said. Speaking to Autoblog on the floor of the New York Auto Show where the Continental formally debuted Wednesday, the Lincoln president reiterated that the car is on track to launch in 2016. It will compete against the Audi A6, Lexus GS, BMW 5 Series and other large luxury sedans. After its debut, the concept in New York will fly to China – another critical market for Lincoln – for display there. It will be replaced in New York by a prototype without an interior. The Continental is the latest high profile play by Lincoln to raise its image with consumers, who have either ignored or forgotten about it amid steep competition in the luxury sector from German and Japanese brands and a potentially resilient Cadillac. Lincoln sales are essentially flat compared with 2014 through the first quarter of this year, with total volume of 21,478 units. The middling start to 2015 comes on the heels of nearly 16-percent sales growth last year spurred by the launch of the MKC and the prominent signing of Matthew McConaughey to star in Lincoln advertisements. Other News, Notes & Quotes Speaking of names, Chevrolet did its homework before deciding to proceed with "Malibu" for its new generation of midsize cars. "We went out and researched it," said Alan Batey, president of General Motors North America. "People actually like the name 'Malibu,'" he said. Admittedly, the current Malibu has struggled in the marketplace against entrenched competitors, Batey said, but he's optimistic its awareness and historical value are assets to the dramatically redesigned sedan."The name's strong," he said. Meanwhile, in other Chevy news, the brand kicked off a new marketing campaign, "Real People, Not Actors" Wednesday. It will show consumers interacting with Chevys and their spontaneous reactions to the vehicles.

GM sees 'strong year' in 2018, then gold in Chevy Silverado for 2019

DETROIT — General Motors said on Tuesday it expects earnings in 2018 to be largely flat compared with 2017, but that profits should pick up pace in 2019 as its revamped line of high-margin pickup trucks hits the U.S. market. The 2018 earnings outlook was above market expectations, sending GM shares up more than 3 percent in premarket trading. "GM had a very good 2017 as we continued to transform our company to be more focused, resilient and profitable," GM Chief Executive Mary Barra said in a statement. "We are positioned for another strong year in 2018 and an even better one in 2019." GM and its Detroit rivals, Ford and Fiat Chrysler Automobiles, are bringing on new trucks at a time when overall U.S. new vehicle sales have been falling, but truck sales continue to grow as consumers abandon passenger cars in favor of pickups, SUVs and crossovers. GM on Saturday fired a new round in the battle for profits from one of the U.S. auto industry's most lucrative segments when it showed a new generation of its Chevrolet Silverado pickup truck at the Detroit auto show. The new Silverado, a highlight of the event, is the successor to GM's best-selling vehicle in North America. Sales of the current Silverado rose nearly 2 percent to 585,000 vehicles in 2017. In the coming months, the company will also reveal a revamped GMC Sierra pickup truck. U.S. new vehicle sales fell 2 percent in 2017 after hitting a record high in 2016, and are expected to drop further in 2018 as interest rates rise and more late-model used cars return to dealer lots to compete with new ones. GM said on Tuesday that while it retools a factory in Ft. Wayne, Indiana, to make the new pickup trucks, it will shift some production to an Oshawa, Ontario, plant in order to avoid missing sales in a hot market for the vehicles. The No. 1 U.S. automaker said it will record a $7 billion non-cash charge for its fourth-quarter 2017 earnings related to deferred tax assets. GM said it expects capital expenditure in 2018 of around $8.5 billion, about $1 billion of which will go toward funding self-driving car technology. Last week, the company said it is seeking U.S. government approval for a fully autonomous car — one without a steering wheel, brake pedal or accelerator pedal — to enter the automaker's first commercial ride-sharing fleet in 2019. GM said it expects 2017 earnings per share at the high end of its previously forecast range of $6 to $6.50.