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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 doing fine at retaining Pontiac owners

This isn't the first time we've reported positive news about General Motors retaining former Pontiac owners. Get a few more stories like this latest report from Edmund's Auto Observer, and it will mark an ongoing positive trend for GM. Edmunds.com crunched the numbers to see how well the General is hanging on to customers after shutting out the lights at Pontiac, and it found that nearly 40 percent of Pontiac owners stayed with a vehicle from a General Motors brand.
The numbers are a little lower than an earlier R.L. Polk & Company study, but Edmunds says General Motors is keeping more former Pontiac buyers than it has since 2007. Most are turning to vehicles from Chevrolet, especially during January and February of 2011, when GM incentivized Pontiac owners to stay under the umbrella. Those moves seem to have worked, and 28.1 percent of Pontiac owners trading up made the jump into a Bowtie.
Buyers that have gone elsewhere have largely stayed loyal to Domestic automakers, with Ford picking up the most conquests from Pontiac, with 9.4 percent switching. Toyota and Honda picked up 7.4 percent of the pool of former Pontiac drivers. The numbers are defying any predictions that Pontiac buyers would completely exit the General Motors fold, and have climbed up closer to parity with the retention figures of other GM brands from a 2009 low of only 16 percent retention.

Junkyard Gem: 2010 Pontiac Vibe

Just over a month before filing for Chapter 11 bankruptcy in June 2009, General Motors announced that the 83-year-old Pontiac Division would be "phased out" by the end of 2010. Only three Pontiac vehicles were sold as 2010 models in the United States: the Solstice, Vibe and G6 (new G3s were sold here during 2010 but they were all 2009 models, while the G5 was available as a 2010 model only in Canada and Mexico). Today's bit of junkyard automotive history is one of the very last Vibes ever built, found in a yard near Denver, Colorado. This car is significant not just as one of the final vehicles to bear Pontiac badges but also as one of the last cars built by the New United Motor Manufacturing Incorporated GM-Toyota joint venture in California, better known as NUMMI. The NUMMI factory began life as GM's Fremont Assembly, which built its first vehicle (a C-Series pickup) in 1963 and closed in 1982 after building its final vehicle (an Oldsmobile Cutlass Ciera). Rebooted as NUMMI, the first 1985 Chevrolet Nova (an Americanized AE82 Toyota Corolla Sprinter) rolled off the line in December of 1984. A quarter-century and better than eight million vehicles hence, NUMMI shut down production after its last Corolla was finished on April 1, 2010. While there was some noise about the Oakland Athletics building a new stadium on the site at the time, Tesla ended up buying most of the site soon after that. Tesla now builds more vehicles per year there than NUMMI ever did. The Vibe was co-developed with Toyota and based on the same platform as the ninth-generation Corolla. The Toyota Matrix was mechanically identical and was built in Canada, while the Japanese-market version (known as the Toyota Voltz) was built on the same NUMMI line as the Vibe and shipped across the Pacific. The Vibe/Matrix/Voltz got a redesign for the 2009 model year, but few noticed due to all the turmoil in the GM world at the time. The final Vibe was built in August 2009. This car was built in July of 2009, just before the end. It was living in West Texas just prior to coming to Colorado. El Paso is about a ten-hour drive from this car's current location. Once in the Centennial State, it got parked somewhere it shouldn't have been and ended up being auctioned to Pick Your Part. An occupant of this Vibe had time to sample some of the local agricultural products before that happened.