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.

Pick Me! Toyota Plaintiffs’ Lawyers to Plead Their Cases in San Diego – Law Blog – WSJ

Let the jockeying begin! Next week dozens of lawyers who have filed suit against Toyota will descend upon San Diego hoping to emerge from the scrum as one of a handful of lawyers chosen to run the nationwide litigation. In San Diego, the U.S. Judicial Panel on Multidistrict Litigation will hold its first hearing on consolidating the myriad cases.

Among the rewards of taking the lead in the suits: influence over the debate about Toyota’s role in why some of its vehicles seem to accelerate on their own, a turn in the national spotlight and a potentially big payday from clients. We write about the issue in today’s WSJ.

The hundreds of lawyers in the running have been building alliances through dinners, meetings and seminars. All the positioning has the air of a high-school election, according to several attorneys involved.

“If not a high-school election then it’s at least like being voted most popular,” said Mark Lanier (pictured), the heavyweight Houston plaintiffs’ lawyer whose firm has filed numerous suits against Toyota.

Lanier, who led litigation against Vioxx-maker Merck after some users of the pain medicine died of heart attacks, isn’t shy about his desire to play a lead role in the Toyota suits. “Pick me, pick me,” he said. “Vote for me for class president, please.”

via Pick Me! Toyota Plaintiffs’ Lawyers to Plead Their Cases in San Diego – Law Blog – WSJ.

Firms Angle for Advantage in Toyota Cases | Law.com

Plaintiffs lawyers are positioning themselves for a front seat in the mounting litigation over sudden unintended acceleration in Toyota vehicles.

Approximately 150 lawyers assembled on March 5 at the InterContinental Chicago hotel to discuss sharing experts and legal strategies in the Toyota litigation, which now exceeds 80 lawsuits. Many of the lawyers have broken into camps based on which jurisdiction they believe should hear the multidistrict litigation against Toyota — and, perhaps more important, which judge should decide the cases.

One of the most popular venues under consideration is the Central District of California, near the Torrance, Calif., headquarters of Toyota Motor Sales USA Inc. Lawyers supporting this locale include products liability attorneys Mark Robinson Jr. and Richard McCune as well as Toyota’s lawyers, Cari Dawson and Lisa Gilford, both partners at Atlanta’s Alston & Bird. McCune was the first into court against Toyota.

Another group is advocating for Kentucky, where Toyota operates its largest manufacturing plant outside Japan. A third group is pushing for the Eastern District of Louisiana in New Orleans.

The U.S. Judicial Panel on Multidistrict Litigation plans a hearing in the Toyota litigation in San Diego on March 25.

“This is going to be like a feeding frenzy,” said Robinson, a partner at Robinson, Calcagnie & Robinson in Newport Beach, Calif., who filed a motion with the MDL panel on Feb. 26 to transfer the cases to Los Angeles.

via Law.com – Firms Angle for Advantage in Toyota Cases.

Law firms form consortium in Toyota recall litigation | Business Insurance

About 25 law firms seeking class action status for lawsuits filed against Toyota Motor Corp. in more than 20 states have formed a consortium, an attorney coordinating the group said Thursday.

Approximately 20 other lawsuits seeking class action status on behalf of consumers also have been filed against the automaker because of accelerator problems that have led to the recall of more than 8 million automobiles.

Those 40 suits do not include individual personal injury claims that consumers have filed against Toyota.

Tim Howard, coordinator of the Attorneys Toyota Action Consortium, said a court hearing on whether all the class action cases will be consolidated is expected March 25 before a multidistrict panel in U.S. District Court in San Diego.

Mr. Howard is a professor of law and policy at Northeastern University and an attorney at Howard Associates P.A. in Tallahassee, Fla.

The lawsuits seeking class action status share common allegations that consumers lost value in and the use of their cars because of defective parts that sparked the recall.

Total damages sought in the consolidated class actions could exceed $2 billion, based on a calculation that millions of cars lost hundreds of dollars in value and their owners lost the use of their cars while they were unsafe to drive or were being repaired, Mr. Howard said.

via Law firms form consortium in Toyota recall litigation | Business Insurance.

An Average American Consumes 34 Gigabytes a Day, Study Says – NYTimes.com

The average American consumes about 34 gigabytes of data and information each day — an increase of about 350 percent over nearly three decades — according to a report published Wednesday by researchers at the University of California, San Diego.

According to calculations in the report, that daily information diet includes about 100,000 words, both those read in print and on the Web as well as those heard on television and the radio. By comparison, Tolstoy’s “War and Peace” contains about 460,000 words.

[continued] An Average American Consumes 34 Gigabytes a Day, Study Says – NYTimes.com.

Lawyers in Discovery Scandal Say Qualcomm Lied

Lawyers in the Qualcomm discovery scandal claim that the company misled and stonewalled them, ultimately leading to the failure to turn over a mountain of relevant evidence and harsh sanctions from the court.

The allegations were made in briefs filed Monday by lawyers from the now-defunct Day Casebeer Batchelder & Madrid, who for the first time are telling their side of what has become the most infamous discovery fiasco in recent times.

Qualcomm Inc. was sanctioned by San Diego Magistrate Judge Barbara Major in January 2008 for intentionally withholding “tens of thousands of e-mails” in an infringement case against Broadcom Corp. involving video compression technology patents. The company’s lawyers — six from Day Casebeer and one from Heller Ehrman — were also sanctioned for assisting “Qualcomm in committing this incredible discovery violation,” either knowingly or recklessly, Major wrote at the time.

via Law.com – Lawyers in Discovery Scandal Say Qualcomm Lied.