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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 recalling 686k Lambda-platform models for hatch repair

General Motors is recalling 686,287 units of its Lambda platform crossovers. On models equipped with a power rear hatch the system can potentially fail. This campaign includes the 2008-2012 Buick Enclave, 2009-2012 Chevrolet Traverse, 2007-2012 GMC Acadia, and 2007-2010 Saturn Outlook. According to GM's documents to the National Highway Traffic Safety Administration (as a PDF), dirt can get into a portion of the strut that holds up the hatch and cause the part to prematurely fail. There's a redundancy in place called the Prop Rod Recovery system that's designed to shut the liftgate if there's a malfunction. However, if the breakdown happens too quickly after the hatch is opened the prop rod might not work the way it's supposed to. If someone were in the way of the falling liftgate, they could be hurt. For the repair, dealers will update the software for the power liftgate actuator motor control unit to prevent the hatch from closing so quickly. They'll also check the operation of the system afterward. Related Video: RECALL Subject : Liftgate Struts may Fail and Liftgate may Fall Report Receipt Date: JUN 30, 2015 NHTSA Campaign Number: 15V415000 Component(s): STRUCTURE Potential Number of Units Affected: 686,287 All Products Associated with this Recall Vehicle Make Model Model Year(s) BUICK ENCLAVE 2008-2012 CHEVROLET TRAVERSE 2009-2012 GMC ACADIA 2007-2012 SATURN OUTLOOK 2007-2010 Details Manufacturer: General Motors LLC SUMMARY: General Motors LLC (GM) is recalling certain model year 2008-2012 Buick Enclave vehicles manufactured January 3, 2007, to February 29, 2012, 2009-2012 Chevrolet Traverse vehicles manufactured July 6, 2008, to February 29, 2012, 2007-2012 GMC Acadia vehicles manufactured September 15, 2006, to February 29, 2012, and 2007-2010 Saturn Outlook vehicles manufactured August 17, 2006, to March 18, 2010. The affected vehicles, equipped with the power liftgate option, have gas struts that hold the power liftgate up when open. These struts may prematurely wear and the open liftgate may suddenly fall. CONSEQUENCE: If the open liftgate unexpectedly falls, it may strike a person, increasing their risk of injury. REMEDY: GM will notify owners, and dealers will update the software for the power liftgate actuator motor control unit so that the motor will prevent the rapid closing of the lift gate, free of charge. The manufacturer has not yet provided a notification schedule.

303 Deaths Tied To Airbag Non-Deployment In 2 General Motors' Cars

At least 303 motorists died in car accidents after their airbags didn't deploy in now-recalled General Motors vehicles, according to a study released late last night. The Center for Auto Safety, a non-profit automotive watchdog, reviewed data from the Fatality Analysis Reporting System, and counted deaths involving the Chevrolet Cobalt and Saturn Ion, two vehicles at the heart of several ongoing investigations, to reach its conclusion. If the airbag non-deployments were the result of a faulty ignition switch that inadvertently turns them off, the death toll would be the largest in automotive history attributed to a single defect, surpassing the 250 deaths investigators linked to defective Firestone Tires more than a decade ago. The rising death toll would further amplify questions about why GM and federal safety regulators at the National Highway Traffic Safety Administration didn't act sooner to correct the problem. Safety advocates have said both GM and NHTSA failed to act in a timely fashion to alert motorists of the dangers posed by the dangerous defect, of which documents GM had knowledge of as early as 2001 and NHTSA knew about in 2007. "The question today for NHTSA is how so many ... death reports without an airbag deployment and so many FARS deaths without an airbag deployment failed to trigger an investigation," wrote Clarence Ditlow, the executive director of the Center for Auto Safety. "... For the people who died or were seriously injured in crashes, the answer comes too late." GM has acknowledged 13 deaths related to the problem, and says the number cited by the Center for Auto Safety study is "speculation." The review of FARS data, conducted by Friedman Research at the request of the Center for Auto Safety, looked at fatal cases in which airbags did not deploy but did not analyze the causes of the crashes. FARS information is raw data submitted to a national database by state and local authorities when fatal accidents occur. Last month, GM recalled 1.37 million cars in the U.S. because a faulty ignition switch had been inadvertently moving from the "run" position to the "accessory" position, turning off engines and systems that provide power to airbags. "Shame is not a strong enough word," said Lou Lombardo, the founder of Care for Crash Victims, another safety-minded nonprofit that advocates for accident victims. The results of the CAS study were first reported by the New York Times.