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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

Michigan floods from breached dams consume Pontiac Fiero collection

“WeÂ’ve never had an event like this,” Michigan's city manager Brad Kaye said in a Detroit News story. "What we're looking at is an event that is the equivalent of a 500-year flood." Kaye is referencing the catastrophic flood that occurred in central Michigan this week after heavy rainfall was compounded by two breached dams on the Tittabawassee River. Reports say the flooding forced evacuation of up to 10,000 residents, swallowed entire towns, and destroyed thousands of properties. No casualties have been reported, according to the Detroit Free Press, but car enthusiasts will be sad to learn a Pontiac Fiero shop and collection called Forever Fieros was decimated by the natural disaster. The Tittabawassee River is located about two hours, or roughly 140 miles, north of Detroit. It starts 20-30 miles further north and flows southeast as a tributary to the Saginaw Bay Watershed. Along the way, the Tittabawassee is held up by several dams, including the Edenville dam that failed and the Sanford dam that was breached during torrential downpours. According to NPR, the federal government took away the Edenville dam's license in 2018 and suggested it could not last through a major flood. Unfortunately, that prediction was proven accurate.  Forever Fieros is located in Sanford, Michigan, which is just below Sanford Lake, which is created by the Sanford dam. So when the Edenville dam north of Sanford broke, water from Wixom Lake flooded Sanford Lake, and a berm next to the Sanford dam was overwhelmed, according to MLive. Technically the dam did not fail, but the end result was the same: an entire town underwater. The Tittabawassee reportedly crested at 35 feet, or 10 feet above flood level and 1.1 feet higher than the previous record set in 1986. According to The Drive, the man in charge of Forever Fieros, Tim Evans, had time to attempt to save his vehicles from floodwater. He reportedly moved about 12 cars to a street that doesn't typically flood, but the water level was simply too high for that to matter. A floating pole barn also reportedly struck and damaged the  Forever Fieros building.  Worsening the situation is the fact that Evans was planning to hold an auction to sell many of the Fieros. As seen on Industrial Bid, he planned to sell 12 Fieros, Fiero GTs and a Fiero Formula, ranging from 1984 through 1988. The lots included a 1984 pace car, a Lamborghini Countach kit car, and a Fiero Cosworth Pontiac Super Duty 16-valve DOHC engine.

Porsche still deciding on one or two new 911 plug-in hybrids

Back in March, Porsche CEO Oliver Blume told Autocar that the coming Porsche 911 plug-in hybrid "will be the most powerful 911 we've ever had." That quote portended a 992-series 911 with 700 horsepower or more. A new report in Auto Express, however, suggests Porsche is having energetic debates about just what the 911's hybrid strategy will be, and that the only agreed-upon plug-in hybrid 911 so far is a milder version to sit in the middle of the range. Putting all our rumors in a row, in January, Automobile reported on an electrically-assisted 911 with 485 hp and 561 pound-feet of torque. The new AE piece effectively endorses that, saying the mid-range hybrid would follow the program established by the all-wheel drive Cayenne e-Hybrid that produces a combined 455 hp and 516 lb-ft. The 911 would naturally use a flat-six instead of the Cayenne's 3.0-liter V6, and the sports car would be tuned for better sound response and sharper reflexes. AE says fuel economy for this hybrid should be at least 80 eMPG, with emissions of less than 80 grams per kilometer. The current base Carrera is currently rated at a maximum 38.2 mpg in the UK, with minimum emissions of 169 g/km. The hybrid, fitted with a double-clutch gearbox and Porsche's mechanical all-wheel-drive system, could run from a stop to 62 miles per hour in less than four seconds, making it more efficient than a base Carrera and much faster than a Carrera 4S. AE says there remains only "the potential for Porsche to add a second, more powerful hybrid 911," and says its sources claim that's what's "causing the most consternation behind closed doors." This one would be the twin-turbocharged, 700-hp beastie that, as a series production car, would have a hard time not usurping the 540-hp Turbo, 580-hp Turbo S, and 607-hp Turbo S Exclusive. True, the hybrid would be handicapped with a 550-pound battery pack, but the instant acceleration and handling benefits of electric AWD — with no connection between the axles — could provide the final edge over the other three. As such, it makes sense that there'd be a whole lot of debate about a flagship 911 hybrid. On the other hand, such a monster seems like an eventuality in view of Porsche's electrified aspirations, the lessons gained from the 918 Hybrid and the 919 Hybrid Le Mans racer, and the fact that CEO Blume has already spoken. The Stuttgart carmaker expects a sales mix of 25 percent electric, 25 percent hybrid, and 50 percent conventional powertrains by 2025.