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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

NHTSA could add 1M cars to GM recall

The Detroit Free Press is reporting that the National Highway Traffic Safety Administration may expand a recall campaign for faulty brake lamps. The agency is currently looking into complaints that certain 2004-2011 Chevrolet Malibu models as well as some 2007-2009 Saturn Aura sedans may have brake lights that do not illuminate when the driver presses the pedal. Alternatively, the lamps may also illuminate without input from the driver. General Motors recalled 8,000 Pontiac G6 models from the 2005 model year for the same problem, and NHTSA is currently investigating whether to add 550,000 more G6 models built between 2005 and 2009 to the list for the same issue.
In addition, investigators are currently examining 97 complaints from Malibu and Aura owners with the same trouble. If NHTSA adds those models to the recall campaign, more than one million units could be covered. GM, meanwhile, says there have been no accidents or injuries as a result of the problem.

GM ignition switch trial cleared to begin on January 11

US District Judge Jesse Furman didn't accept General Motor's attempt to dismiss a civil trial over the automaker's faulty ignition switches, and set a January 11 start date for the case to begin, according to Reuters. The judge found that plaintiff Robert Scheuer had the evidence to proceed with the case. Scheuer was injured in an accident in his 2003 Saturn Ion in 2014 when another vehicle forced him off the road, and he crashed into some trees. The airbag didn't deploy, and Scheuer alleged this was the result of the faulty ignition switch. According to Reuters, Scheuer's trial is one of six bellwether cases over GM's ignition switch problem in the coming year. Juries' decisions in these lawsuits should provide an example of how similar trials could end, and these results would help The General decide whether to settle other pending cases or to keep fighting them. The ignition switch fiasco has already cost GM billions. For example, the company's compensation program offered $594.5 million in 399 cases of people killed or injured by the defective parts. Anyone that accepted this money agreed not to sue GM for the problem later. The company also came to a $900 million criminal settlement with the US government and paid $575 million in civil resolutions in September.