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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 recalls 3.8 million vehicles in North America due to braking issue

WASHINGTON — General Motors Co said Wednesday it was recalling 3.46 million U.S. pickup trucks and SUVs to address a vacuum pump issue that could make braking more difficult and that has been linked to 113 accidents and 13 injuries. The recall covers 2014-2018 model year vehicles, including some Cadillac Escalade, Chevrolet Silverado, Chevrolet Tahoe, GMC Sierra, Chevrolet Suburban and GMC Yukon vehicles. In late June, GM recalled 310,000 vehicles in Canada for the same issue. GM did not immediately explain why the Canadian recall occurred more than two months before it called back the vehicles in the United States. The recall was triggered because the amount of vacuum created by the vacuum pump may decrease over time, GM told the National Highway Traffic Safety Administration (NHTSA) in documents posted on Wednesday. The NHTSA opened a preliminary investigation into the issue last November, and said it had reports of nine related crashes and two injuries. It provided GM in July with additional field reports that prompted the automaker to open an investigation. GM said it could affect braking in "rare circumstances." The NHTSA said in a statement the "vehicles may experience brake boost failure, which would require increased brake pedal effort, leading to a hard brake pedal feel, and potentially increased stopping distance." GM said dealers will reprogram the electronic brake control module to improve how the system utilizes the hydraulic brake boost assist function when vacuum assist is depleted. GM said the vacuum assist pump, which is lubricated with engine oil that flows into the pump through a filter screen, can in some cases lose effectiveness over time, as debris such as oil sludge can accumulate on the filter screen. GM told NHTSA that prior model years used a different brake assist system design, and vehicles manufactured after 2018 were not equipped with the affected pump design. Separately, GM said on Wednesday it is recalling 270,000 additional U.S. vehicles in three smaller recalls, including 177,000 2018 Chevrolet Malibu cars with 1.5L turbo engines because an error in the engine control module software may result in the fuel injectors being disabled.

GM puts e-commerce shopping in car dashboards

DETROIT — General Motors on Tuesday said it will equip newer cars with in-dash e-commerce technology, betting it can profit as drivers order food, find fuel or reserve hotel rooms by tapping icons on the dashboard screen, instead of using smartphones while driving. GM's Marketplace technology, developed with IBM, will be uploaded automatically to about 1.9 million model-year 2017 and later vehicles starting immediately, with about 4 million vehicles across the Chevrolet, Buick, GMC and Cadillac brands equipped with the capability in the United States by the end of 2018, GM said. GM will get an undisclosed amount of revenue from merchants featured on its in-dash Marketplace, Santiago Chamorro, GM vice president for global connected customer experience, said during a briefing for reporters. Customers will not be charged for using the service or the data transmitted to and from the car while making transactions, he said. "This platform is financed by the merchants," Chamorro said. GM will get paid for placing a merchant's application on its screens, and "there's some level of revenue sharing" based on each transaction, he said. It is too soon to say how much revenue GM could realize from the Marketplace system, he said. The GM Marketplace will compete for customer clicks and revenue with hand-held smartphones, which offer a far richer array of applications than the GM system will at the outset. Amazon.com is partnering with other automakers, including Ford, to offer in-car e-commerce capability through Amazon's Alexa personal assistant system. For example, GM will launch Marketplace with just Shell and Exxon Mobil icons in the fuel category. The only restaurant available for in-car table reservations at launch is the chain TGI Fridays, GM said. In addition, there will be apps for parking, and ordering ahead at coffee shops and restaurants such as Starbucks, Dunkin' Donuts and Applebee's. "We will be adding more vendors," with some coming in the first quarter of 2018, Chamorro said. In addition, he said GM plans to expand integration into its vehicles of music, news and other information services. GM also hopes to use its in-car Marketplace connections to expand purchases of products and services, such as additional access to in-car wifi, from its own replacement parts business and dealer network. Customers can "expect to see more service promotions coming through the platform," Chamorro said. Reporting by Joe WhiteRelated Video: