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U.S. appeals court preserves $210M Hyundai-Kia fuel economy class settlement

A U.S. appeals court restored a $210 million nationwide class-action settlement for hundreds of thousands of owners of Hyundai Motor Co and Kia Motors Corp vehicles whose fuel economy estimates were inflated. By an 8-3 vote on Thursday, in a case closely watched by class-action lawyers, the 9th U.S. Circuit Court of Appeals in Pasadena, California, said vehicle owners had enough in common to let them settle as a group. It also rejected arguments by owners opposed to the settlement that the claims process was too burdensome, and that lawyers for the class had colluded with the automakers to extract a "sweetheart deal" that undervalued their claims. The case began after the U.S. Environmental Protection Agency found flaws in Hyundai's and Kia's testing procedures, prompting the automakers to lower fuel efficiency estimates for about 900,000 vehicles from the 2011, 2012 and 2013 model years. Lawyers for objecting drivers had no immediate comment. Hyundai said it was grateful for the decision. Kia and its lawyers did not immediately respond to requests for comment. The decision by Circuit Judge Jacqueline Nguyen upheld a settlement approved in June 2015 by U.S. District Judge George Wu in Los Angeles. Wu "made careful findings, which the objectors here largely do not challenge, and which more than support the judgment," Nguyen wrote. The decision reversed a divided three-judge 9th Circuit panel's January 2018 rejection of the settlement and decertification of the class action. That panel said Wu failed to assess whether differences in state laws prevented certification of a nationwide class. It also said used car owners should have been excluded because it was unclear whether they had relied on the South Korean automakers' fuel economy claims. Lawyers had said it would become much harder to obtain nationwide settlements if the panel ruling stood. Nguyen had dissented from the panel ruling. Circuit Judge Sandra Ikuta, who wrote it, dissented on Thursday. Ikuta accused the majority of failing to determine what law should apply to the nationwide class or how the settlement, and thus attorneys' fees, should be valued. "The majority's failure to correct these errors may be beneficial for the class action bar, but it detracts from compliance with Supreme Court precedent," Ikuta wrote. The 9th Circuit covers nine western U.S. states, Guam and the Northern Mariana Islands.

Hyundai working on clean-sheet, hydrogen-powered CUV

Autocar reports that Hyundai is working on its next hydrogen fuel cell vehicle, and that the coming vehicle will be a clean-sheet design and likely a crossover. The South Korean company will soon have its Toyota Prius-fighting Ioniq hybrid on the market, now it is said to have placed a bullseye on the Toyota Mirai FCEV. This follows news that Kia is developing a brand new fuel-cell hybrid for launch by 2020, the theory is that platform will be shared with Hyundai, who will launch it first. The bodystyle isn't confirmed, but making it a crossover would take advantage of two important factors, one being the ongoing sales boom of compact and mid-sized SUVs. The second is that according to Sae-Hoon Kim, head of the company's fuel cell research, "all customer feedback says range and boot space are the priorities." Since bigger tanks typically mean less trunk space, a crossover would offer the best opportunity for maximizing both. A people-hauler could also make design and brand connections with the Kia Niro hybrid crossover. Hyundai is hoping to get a range of 500 miles out of the new vehicle, which would mark a 25-percent improvement over the range of the Tucson FCEV currently on sale. When it arrives it will give Hyundai a dedicated player in three alternative powertrain domains, joining the Ioniq plug-in hybrid and the pure electric vehicle it promised for launch by 2017. That could be seen as merely hedging bets, but the company does believe in hydrogen, Kim saying, "Every solution leads to hydrogen; either you use renewable energy sources to create and store hydrogen, or you use traditional fuels like coal to create hydrogen. Either way, hydrogen is the way to store energy and control supply and demand."

Hyundai recalls 58,000 Elantra Touring models over side-airbag concern

Hyundai is recalling 58,000 Elantra Touring wagons, after it was discovered that a metal support bracket in the headliner could become dislodged when the side-curtain airbag deploys. If this happens, occupants could suffer lacerations.
The affected models were built between December 15, 2009 and May 7, 2012 and cover model years 2010 to 2012. The problem itself was discovered in the follow-up into a 2013 recall of the Elantra Sedan, when a Touring model was found in a salvage yard with a detached headliner, despite using a different type of support than was recalled in the four-door model. No injuries have been associated with this recall.
According to the National Highway Traffic Safety Administration bulletin, the remedy for this recall is not unlike that used with the Elantra Sedan - adhesive strips will be applied to the headliner to prevent it from dislodging in the event of a crash.