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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

Junkyard Gem: 2002 Pontiac Aztek

The General's Pontiac Division sold the Aztek for the 2001 through 2005 model years, and — despite enjoying something of a cultural rebirth in recent years — it is generally considered to be one of the worst cars of all time. The idea of using a minivan platform as the basis for a rough-and-tough-looking crossover with plenty of outdoor-lifestyle amenities wasn't the problem, since many vehicle manufacturers have printed bales of money using that formula. What doomed the Aztek was its hideous appearance and sticker price too lofty for its underemployed-at-the-time Generation X target demographic. Still, the Aztek proved to be perfectly suited for the outdoor activities that Coloradans love: hiking, camping, fishing, skiing, hauling mud-caked golden retrievers around, etc., and so you'll still find lots of Azteks on the roads of the Centennial State. Here's an Aztek Yellow Aztek (yes, that's really the paint color's official title) residing just a few rows from a '76 Checker Taxicab in a Denver self-service yard. Sure, it does look like a vehicle built to the specifications of a six-year-old who decreed a mashup between a Datsun F-10 and a Fisher-Price Little People Travel Together Airplane, but so what? There's a built-in air compressor to blow up your inflatable rafts and volleyballs, a tent attachment that turns the rear of the van into a camper, 12-volt power plugs all over the vehicle (years before this became commonplace on ordinary minivans and SUVs), and running-gear commonality with a jillion Ventures, Silhouettes, Montanas and Trans Sports. Buick managed to de-uglify the Aztek (somewhat) and sold it as the Rendezvous through 2007, but the Aztek never could win over many people with this face. I see plenty of Azteks and Rendezvouses in Denver-area wrecking yards, and I've documented a handful over the years. This one came fully loaded from the factory, with the Corvette-style heads-up display in full effect. The center console was a removable cooler, which was a great idea Â… except for the fact that this cooler holds five standard 12-ounce cans. Michigan residents tell me that this must have been intentional on the part of the Detroit-based Aztek designers, because Michiganders are expected to chug one beer out of a sixer as they walk from the liquor store to the car in the parking lot Â… which makes me extra cautious whenever I'm driving in the Wolverine State.

STUDY: Ford owns brand loyalty in 2009; Scorned Saturn, Pontiac buyers will look outside of GM

Ford buyers appear to love their cars more than customers of any other automotive brand, returning back to the American automaker when it comes time to purchase their next vehicle. According to a study by Experian Automotive, six of the top 10 vehicles for customer brand loyalty wear badges from the Blue Oval. That includes the Ford Fusion (62.4 percent), Ford Edge (57.9 percent), Ford Five Hundred/Taurus (56 percent), Ford Freestyle (51.9 percent), Ford Escape (49.4 percent) and the Ford Focus (47.57 percent).
Other vehicles making up the top 10 include the Toyota Prius (52 percent), Chevy Impala (51.7 percent), Toyota Camry (47.8 percent) and Toyota Corolla (47.56 percent). This brings up an interesting question: With the closing of automotive brands like Saturn and Pontiac, where are those buyers to turn for their next automotive purchase?
Apparently, not back to General Motors. According to Experian, Pontiac owners are most likely to look to the Ford lineup for their next car or truck and Saturn shoppers will switch to Toyota or Honda - not particularly surprising given that Saturn was meant to compete with import brands. Experian predicts that GM's overall market share will fall from 20 percent to about 17.5 percent, with most of the slack being picked up by Ford, Honda and Toyota.