Hello, RICO! The Latest Headache to Hit BP – Law Blog – WSJ

Besides a raft of personal injury suits and the economic claims against BP, a new genre of suits is now emerging: the civil racketeering suit.

Last week Daniel Becnel, Richard Arsenault and an array of other attorneys filed in the Western District of Louisiana a federal RICO suit against BP and Transocean. Click here for the complaint.

A RICO suit filed on Monday is far more narrow in focus, targeting BP’s claims process. The suit filed in the Southern District of Alabama has accused three entities — BP, a catastrophe contractor that apparently is helping BP administer claims and a property management company — of fraudulent practices in helping claimants seek recourse under funds set aside via the Oil Pollution Act.

via Hello, RICO! The Latest Headache to Hit BP – Law Blog – WSJ.

State Suits Against Toyota Could Pave the Way for Federal Multidistrict Litigation | National Law Journal

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Toyota Motor Corp.‘s legal problems aren’t limited to the federal multidistrict litigation over unintended acceleration of its vehicles. Scores of lawsuits are working their way through state courts across the nation, and some of those cases could pave the road for the MDL.

The first hearing in the MDL won’t take place until later this month, but some lawyers with cases pending in various state courts already have begun deposing Toyota executives.

Many of the state court suits were filed more than a year ago and, having progressed farther in the court system, might provide some guidance on discovery issues and depositions of Toyota executives that could prove helpful in the MDL or in other cases.

“I would anticipate there are some state court cases that will possibly go to trial well in advance of the MDL,” said Donald Slavik of Habush Habush & Rottier in Milwaukee, a plaintiffs attorney with personal injury suits in state courts across the country. “In fact, if anything, they’re probably leading along the MDL in that a lot of the stuff that comes out of the state court cases will probably be used by the MDL.”

The sharing of resources could prove limited, however. “Sometimes, this MDL stuff can drag out and take a long time,” said R. Graham Esdale Jr., a shareholder at Montgomery, Ala.-based Beasley, Allen, Crow, Methvin, Portis & Miles. “If you’ve got people injured and hurt, it's not fair to have them sit for years and years because this has turned into a big, complex litigation.”

via Law.com – State Suits Against Toyota Could Pave the Way for Federal Multidistrict Litigation.

Attorneys Argue Over Venue for Toyota Litigation | Law.com

More than 100 lawyers packed a downtown San Diego federal courtroom on Thursday to hear arguments about which court is best prepared to hear the increasing number of lawsuits filed against Toyota Motor Sales USA Inc. over sudden unintended acceleration in millions of its vehicles.

In all, 24 lawyers made brief statements before a panel, arguing for courts and judges in California, Louisiana, Kentucky, Ohio, Minnesota, Florida, South Carolina, West Virginia and New Jersey.

Cari Dawson, a partner at Alston and Bird who is lead counsel for Toyota, argued for the Central District of California, where one-third of the cases have been filed and where her client is located.

The panel of five judges who regularly hear jurisdictional issues for multidistrict litigation raised few questions about the locations but asked lawyers to address whether the class actions should be separated from the personal injury suits. Most of the lawyers appeared to favor keeping the cases together.

The panel is expected to rule within a few weeks.

Since last fall, more than 10 million Toyota vehicles have been recalled in order to repair problems with accelerator pedals, floor mats and brakes, all of which have been identified as causing sudden and unintended acceleration. Toyota's problems have multiplied, with new reports coming out each week indicating that the Japanese automaker might have known about the acceleration issue years ago.

The vast majority of the lawsuits — nearly 90 — have been filed on behalf of a class of consumers who are seeking economic damages because their recalled Toyota vehicles have lost value. A smaller group of personal injury suits have been filed on behalf of individuals who claim to have died or been injured in an accident because their Toyota vehicles suddenly accelerated.

via Law.com – Attorneys Argue Over Venue for Toyota Litigation.