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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 under fire from safety advocates over braking problem caused by recall fix

Safety experts are lambasting General Motors over what they say is the automaker’s slow notification of owners of certain 2019 sedans and trucks that a recall fix could cause power braking to fail and increase the risk of a crash, the Detroit Free Press reports.  GMÂ’s original recall in December targeted about 550,000 Cadillac CT6 sedans and Chevrolet Silverado 1500 and GMC Sierra 1500 pickups, all from the 2019 model year, over potentially defective electronic stability control and antilock brakes. In that case, GM said the errors would not show up as a diagnostic warning on the instrument cluster. But after GM had done recall work on 162,000 vehicles, about 1,700 owner have complained that their power brakes didnÂ’t work after they had the recall done and then used the OnStar app to start their vehicle. GM then issued a supplemental fix for customers whoÂ’d already had their vehicles serviced. In this case, a diagnostic warning should illuminate saying either “Service Brake Assist” or “Service ECS,” which GM says is a signal that a customer should not drive the vehicle and instead call their dealer, which will tow the vehicle and have it repaired. Safety advocates say the automaker hasnÂ’t gone far enough to protect customers. “The fact that you could potentially start a vehicle and not have brakes is a pretty risky proposition,” Sean Kane, president of the Safety Research and Strategies, which works on auto issues for plaintiffs and governmental organizations, told the Freep. “The fact that they wouldnÂ’t notify owners (sooner) is pretty stunning.” GM told the Freep it was required to notify the National Highway Traffic Safety Administration and file paperwork before it notified customers about the original recall, which was made Dec. 12. It then had to investigate and resolve the problem created by its original recall fix before alerting customers. GMÂ’s call center and dealers are contacting the remaining 900 customers who havenÂ’t yet had the update made to the original recall repair. GM also hired a vendor to send recall letters to the 550,000 customers affected by the original recall notifying them about the update. There are no known injuries or deaths related to the problem. Read the Freep story here.

New Forza Horizon 2 pack features Chevy Monte Carlo SS, Audi RS6 Avant [w/video]

The latest car pack for Forza Horizon 2 is hitting Xbox Live today, giving Xbox One owners a shot at six new vehicles that date back to 1970. Leading the charge in the hearts and minds of the Autoblog staff is, of course, the 1988 Chevrolet Monte Carlo SS, one of the most 80s-tastic performance coupes of its time. Chevy's 80s-era NASCAR representative is joined by another General Motors performance two-door, in the form of the 1970 Buick GSX. Complete with a 455-cubic-inch V8, the GSX could best be thought of as the grandpappy to the iconic GNX of the late 1980s. Crossing the pond, we have a trio of offerings from the United Kingdom, with the 2002 Lotus Esprit V8, the redesigned, aluminum-intensive 2014 Land Rover Range Rover Supercharged and finally, the 2015 McLaren 650S. The mid-engined offerings should be a riot on the winding roads of Forza Horizon 2's European locales, while the Range Rover should make cross-country efforts an absolute breeze. Finally, virtual wagon lovers will be able to enjoy the 2015 Audi RS6 Avant and its combination of Quattro all-wheel drive and a twin-turbocharged V8. As per usual, this latest car pack will be available to gamers for $5 while season pass owners will score the sextet of vehicles for free. Scroll down for a video of the new offerings in action, as well as the official press release from Turn 10 Studios. "Forza Horizon 2" NAPA® Chassis Car Pack Now Available The roads and countryside of "Forza Horizon 2" beg for you to leave your mark on them. The NAPA® Chassis Car Pack for "Forza Horizon 2" on Xbox One has arrived, bringing five amazing new cars to blaze trails, break records, or just enjoy a casual cruise in. First off, the new McLaren 650S Coupe's uncanny acceleration and preposterous top speed will satisfy the elitist in you. If you want get away from it all, there's no better way than in the Supercharged Land Rover. Need muscle? Take the classic form of the Buick GSX or the later model Monte Carlo SS for a spin. We all need more wagon in our lives and the Audi RS6 is ready to run around town or serve up surprises at the track. The NAPA® Chassis Car Pack for "Forza Horizon 2" on Xbox One is available today for $5 in the Xbox Live store. Starting today, also available this month for free for all Xbox One players is the 2002 Lotus Esprit V8.