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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

Nissan Leaf makes it 19 in a row for record sales; Chevy Volt drops 21 percent

The Nissan Leaf continues its streak of "best month ever" sales with 2,881 EVs sold in September. Compared to the 1,953 sold in September 2013, that represents an increase of 47.5 percent and, as Nissan itself must be tired of saying by now, it marks yet another best month ever, same as last month and now the 19th in a row. Okay, sure, we know, Nissan will tout this run for as long as it can, but we're certainly expecting it each month, so if it ever doesn't happen, it'll be interesting to see how Nissan talks about it. Year-to-date, Leaf sales are up 35.7 percent compared to 2013. In any case, Nissan's director of EV marketing, Toby Perry, sent AutoblogGreen a statement that said, "Nissan Leaf owners have turned into some of our best marketers, and they jump at any opportunity to share their enthusiasm with friends and family. Take National Drive Electric Week – a grassroots celebration of all things EV and the perfect platform for LEAF owners to showcase the benefits of going electric. After celebrating with EV owners in more than 130 cities across the country, we saw a significant increase in Leaf showroom visits with midweek traffic just as heavy as what we see on the weekends." Year-to-date, Leaf sales are up 35.7 percent compared to 2013. Over on the Chevy Volt front, things aren't quite as rosy. After coming off a good August (the best sales month of 2014 by almost 500 units), Volt sales were down to 1,394, a decrease of 21.1 percent compared to September 2013. So far this year, Volt sales are down 13.2 percent year-over-year. It's kind of a stretch, but perhaps people are already waiting for the next-gen Volt, which will be revealed at the Detroit Auto Show in January, to go on sale? Speaking of things we say every month, our in-depth round-up of US green car sales is in process and will be appearing soon. Until then, please discuss how these two long-standing plug-in champs are doing on the sales floor. Green Chevrolet Nissan Electric Hybrid PHEV ev sales hybrid sales

GM recalls 8,500 Chevrolet Malibu models for rear suspension glitch

According to a letter from General Motors to the National Highway Traffic Safety Administration, flaws in the build process of the 2013 Chevrolet Malibu have led to the recall of 8,519 cars. Units built between December 6, 2011 and January 15, 2013 may have been assembled with rear suspension cradles that had insufficient torque applied to certain bolts. That out-of-spec assembly could lead to issues ranging from slight noises to a loss of vehicle control.
The problem was first noticed in December of last year by a GM test fleet driver and eventually tracked back to the improperly torqued bolts on the suspension cradle assembled through July 2012 by a supplier located not too far from the Malibu's Detroit/Hamtramck Assembly Plant. Since an official NHTSA recall notice has not been issued yet, it isn't clear whether or not Detroit-built Malibus were the only ones affected (the 2013 Malibu is also built at GM's Fairfax Assembly Plant in Kansas City, Kansas). Dealers will fix the problem by inspecting vehicles for proper torque specs, retightening if not within specs and, in some cases, perform a rear-wheel alignment.