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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

2016 Chevrolet Spark gleams in green in New York

Take one look at the 2016 Chevrolet Spark that's debuting at the 2015 New York Auto Show, and you can immediately see that the little hatchback is growing up. The previous long headlights and tall greenhouse are gone in favor of a slightly more conventional look that suits the enlarged overall size well. To address complaints about a lack of power from the current Spark's 1.2-liter engine, the latest model gets a larger 1.4-liter unit making 98 horsepower. It can be paired with a five-speed manual transmission, but for those looking to maximize fuel economy, a CVT offers an estimated 40 miles per gallon highway fuel economy. Beyond the new engine, there's an upgraded platform underneath with a longer wheelbase. The underpinnings are also more rigid, as well, to help improve handling and lower interior noise. Inside, the Spark now gets some physical controls to go along with the seven-inch MyLink infotainment system. A rearview camera is standard, which seems almost unnecessary is such compact model, and buyers can further enhance safety with tech like a Forward Collision Alert, Lane Departure Warning and Side Blind Spot Alert. Check out the gallery above to see the Spark in its nuclear green paint at the New York show before the little hatch arrives at dealers in the fourth quarter of 2015.

NHTSA probes 2010 Chevy Tahoe for side airbag issue

After a person was killed in a rollover accident in a 2010 Chevrolet Tahoe in Texas in 2011, the National Highway Traffic Safety Administration is considering whether to conduct a deeper investigation into a potential problem with the model's side airbags. According to the petition filed with the government agency, the SUV's rollover side curtain airbag deployed in the accident, but the design allegedly still allowed some of the occupants in the second- and third-row seats to be ejected from the vehicle. One of them died in the crash. Based on NHTSA's preliminary review, this is the only report of this type of incident happening in a 2007-2015 Tahoe or GMC Yukon. "GM investigated the complaint that is the basis of the petition and found no defect trend," company spokesperson Alan Adler said to The Detroit News, and said the automaker will cooperate with the feds. Still, "a defect petition has been opened to evaluate the issue and make a grant or deny decision," according to NHTSA. Depending on the agency's findings, this could lead to a full investigation and possible recall affecting an estimated 58,000 vehicles. INVESTIGATION Subject : Rollover Side Curtain Air Bags Date Investigation Opened: JUN 11, 2015 Date Investigation Closed: Open NHTSA Action Number: DP15004 Component(s): AIR BAGS All Products Associated with this Investigation Vehicle MakeModelModel Year(s) CHEVROLET TAHOE 2010 CHEVROLET TAHOE HYBRID 2010 Details Manufacturer: General Motors LLC SUMMARY: The Office of Defects Investigation (ODI) has received a petition requesting an investigation of alleged defects that can cause occupant ejections during rollover crashes in certain General Motors vehicles. The petition alleges the defects allow second and third row occupants to be ejected despite the deployment of rollover side curtain air bags. The petition cites a 2011 Texas crash involving a model year 2010 Chevrolet Tahoe, which allegedly resulted in multiple occupants to be ejected. One of the ejected occupants was fatally injured. ODI's preliminary review of its consumer complaint data found no similar reports of occupant ejections on 2007-2015 Chevrolet Tahoe and GMC Yukon vehicles. ODI also reviewed Early Warning Reporting data submitted by General Motors. A defect petition has been opened to evaluate the issue and make a grant or deny decision.