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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 370,000 Trucks For Fire Risk

DETROIT (AP) - General Motors is recalling 370,000 Chevrolet Silverado and GMC Sierra pickups from the 2014 model year to fix software that could cause the exhaust components to overheat and start a fire. The recall includes 303,000 trucks in the U.S. and 67,000 in Canada and Mexico. All of the trucks involved have 4.3-liter or 5.3-liter engines. GM said eight fires have been reported, but no injuries. One garage was damaged, the company said. All of the incidents occurred in cold weather. The company is asking customers not to leave their trucks idling unattended. GM dealers will reprogram the software for free. The company will inform owners starting Jan. 16. The major recall announcement, which came on Saturday, marred the Silverado's winning of the 2014 North American Truck of the Year Award at the Detroit Auto Show on Monday. Related Gallery Our Favorite Cars For Winter View 11 Photos Recalls Chevrolet sierra

GM recalls nearly 340,000 large SUVs to fix daytime running lights

General Motors has initiated a recall campaign for more than 338,000 of its large SUVs to address a potential defect in the onboard computer software that controls the daytime running lights. In some cases, the DRLs may remain on even when the headlights are enabled, which creates additional glare for oncoming drivers at night and fails to comply with federal regulations for headlight performance.  "GM determined that the body control module (BCM) software in these vehicles, under a combination of certain pre-conditions, may fail to deactivate the DRLs when the headlamps are on," GM's recall report said. "A regulatory assessment was conducted to evaluate whether the condition presented a potential noncompliance with the DRL activation requirements in S7.10.5, Table I-a. of FMVSS 108. On October 27, 2022, GM’s Safety Field Action Decision Authority (SFADA) decided to conduct a recall for potential noncompliance with this standard." GM says the recall covers the 2021 model year GMC Yukon and Yukon XL, 2021 Chevrolet Tahoe and Suburban, and 2021 Cadillac Escalade and Escalade ESV. The company says all models produced within that operating window include the improperly programmed body control module, meaning all vehicles within the recall population may exhibit the problem. The issue was discovered by a GM engineer during validation testing in August, prompting a deeper investigation and eventually leading to the recall itself.   The module's software can be updated by GM dealers, so it should be a quick fix for customers. Notifications will be mailed to owners in December.  Related video: Recalls Cadillac Chevrolet GMC Ownership Safety SUV Luxury