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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 Palisade and Genesis GV80 production idled

In February of this year, the coronavirus pandemic forced Hyundai Motor Company to idle production at most of its factories in South Korea. The Chinese suppliers that provided wiring harnesses for models like the Hyundai Palisade and Genesis GV80 hadn't recovered from their COVID-19 shutdowns, causing a shortage of components. Since then, Hyundai, along with automakers around the globe, has faced repeated hurdles to restoring desired production numbers. Just-Auto reports another hiccup, with Hyundai compelled to shut down lines that build the Palisade and GV80 at its Ulsan, South Korea complex again last week over a lack of parts. Just-Auto didn't specify the parts in question. On top of that, Hyundai had already idled three lines at two plants after an employee at a supplier died, the cause of death thought to be COVID-19. Kia needed to do the same for two entire facilities in South Korea after two plant workers were diagnosed with the illness. In the U.S., Hyundai Motor Manufacturing Alabama was idled from March 18 to May 4, resuming production at lower output on May 4 to manage inventory after the coronavirus and lockdown measures gutted new car sales.   Hyundai, like giant Ford and tiny McLaren, will be ruing the lost momentum of its recovery. The group turned in its best quarterly profit since 2017 at the end of last year, thanks to the larger margins that crossovers and SUVs deliver. Hyundai brand U.S. sales last year of 688,771 units was tantalizing close to an annual sum the brand hasn't hit since 2012. In January, the automaker predicted it would improve on last year's 3.5% group operating profit margin by hitting 5% this year. The nearly 10,000 reservations taken for the GV80 fueled the optimism, when Genesis sold just over 21,000 vehicles in total last year in the U.S. However, through the first quarter, group sales were down 11% globally and in the U.S. Worse, Just-Auto says the group's global sales have nosedived 26% through the first five months. The production halts on the models that deliver the best return will prolong the pain and make it sharper. Related Video:

Here's what else you could buy for the average new-car price of $40,573

Autoblog may receive a share from purchases made via links on this page. Pricing and availability are subject to change. The average price of a new car in America hit a new record in December 2020: $40,573. Not that we're surprised — the average has been over $35,000 for the past few years — but seeing that baseline figure crest 40 large is still a sticker-shock to the system. So, as we do every once in a while, we put our collective heads together and came up with a list of alternatives that you could choose to buy for that sum, new or old, classic or practical. Now, let's be crystal clear about one thing here. We're not actually recommending you make this type of decision. That said, we wouldn't blame you if you did. Managing Editor Greg Rasa: $40,000 will buy a fully loaded Camry or moderately equipped crossover. Or, for $39,997, to be exact, one could go motoring in a fine British automobile. This 2006 Aston Martin DB9 Volante in Alabama has 21,452 miles on it, and depreciation has worked its cruel magic: It is listed for less than one-quarter of its $168,000 starting MSRP when it was new. A check of other used DB9s nationwide indicates this is a fair price. This Aston's CarFax reveals two owners. (One, really, as the second was a dealership. Looks like it got traded in for a Porsche.) If you're understandably concerned about reliability, its service history indicates no surprises to date. Remember, it has a 450-horsepower 5.9-liter V12. And spring is coming. Of course a used Aston Martin is riskier than a new Camry. But as Louis Prima sang, "Enjoy yourself, it's later than you think." What price beauty? Less than $40 grand. Associate Editor Byron Hurd: This price point opens up a ton of options in the "nearly new" luxury space, including a few good enthusiast picks, but my nod here goes to the Cadillac ATS-V. The discontinued, M3/M4-rivaling, 465-horsepower sport sedan and coupe can be had all day long in this price range with low miles. In fact, the real challenge is finding one in the spec you want, since it's one of those old-fashioned cars that actually presented the buyer with choices. Here's a clean, six-speed sedan in an actual color for less than our target price, for example. Coupes are more plentiful than sedans, especially in interesting colors, but there are plenty of them out there.