Toyota Recall Lawyers Appointed to Leadership Roles in Federal Litigation – AboutLawsuits.com

U.S. District Judge James Selna, who is presiding over the federal Toyota litigation, has appointed 21 plaintiffs’ lawyers to serve in leadership roles in the multidistrict litigation (MDL). The Toyota recall lawyers will perform actions during pretrial proceedings that will benefit all plaintiffs who have filed a product liability lawsuit in federal courts throughout the United States over sudden acceleration problems with Toyota or Lexus vehicles.

Following the recall of millions of vehicles in recent months, a growing number of Toyota class action lawsuits, Toyota accident injury lawsuits and wrongful death lawsuits have been filed in state and federal courts throughout the United States.

Last month, all federal Toyota lawsuits were consolidated and centralized before Judge Selna as part of a multidistrict litigation (MDL) for pretrial proceedings in the U.S. District Court for the Central District of California. There are now about 228 federal lawsuits over recalled Toyota vehicles included in the MDL, and there are nearly 100 other lawsuits pending in state courts nationwide.

The litigation comprises of two types of claims: lawsuits alleging that defective Toyota or Lexus vehicles caused a personal injury or death to plaintiffs or their loved ones, and lawsuits claiming that the vehicles lost significant value due to the massive recalls and concerns about the safety.

As part of the coordinated pretrial proceedings, Judge Selna issued an order on May 14 creating two separate committees of lawyers representing the various plaintiffs. Each of the committees will have nine lawyers involved in the Toyota recall litigation, including the lead counsels.

The lead Toyota recall attorneys for the economic loss committee will be Steve Berman, Marc M. Seltzer and Frank Pitre. The lead Toyota personal injury lawyers will be Elizabeth Cabraser, and Mark P. Robinson. The lead counsels will act as spokespersons for all plaintiffs at pretrial hearings and in response to inquiries from the court. They will also submit and argue motions before the court, examine witnesses at hearings and negotiate stipulations and potential Toyota settlement agreements with the defendants, which would apply to all cases.

Judge Selna has also appointed Wylie Aitken, Dawn Barrios and Gretchen M. Nelson to serve as Liaison Counsel. As Liaison Counsel, they will receive and distribute orders from the Court and documents from opposing counsel, and assist in the coordination of activities between both parties.

via Toyota Recall Lawyers Appointed to Leadership Roles in Federal Litigation – AboutLawsuits.com.

Toyota Lawsuit Judge Names Lead Attorneys for Cases – BusinessWeek

The federal judge overseeing sudden- acceleration lawsuits against Toyota Motor Corp. appointed 21 plaintiffs’ lawyers to manage litigation involving U.S. claims.

Toyota, the world’s largest automaker, faces at least 228 federal and 99 state lawsuits including proposed class actions over economic loss and claims of personal injuries or deaths caused by sudden-acceleration incidents. The federal lawsuits were combined April 9 in a multidistrict litigation, or MDL, before U.S. District Judge James V. Selna in Santa Ana, California.

More than 70 plaintiffs’ lawyers sought appointments to leadership positions in the federal lawsuits, including about 60 who spoke at a hearing before Selna yesterday.

Selna’s appointments today include Steve Berman at Hagens Berman Sobol Shapiro LLP in Seattle as co-lead counsel for economic loss plaintiffs and Elizabeth Cabraser at Lieff Cabraser Heimann & Bernstein LLP in San Francisco as co-lead for personal injury and death cases.

via Toyota Lawsuit Judge Names Lead Attorneys for Cases (Update1) – BusinessWeek.

Toyota delayed almost a year before issuing 2005 steering defect recall – USATODAY.com

Toyota Hilux Surf Wagon 2.
Image via Wikipedia

Toyota waited 11 months after recalling trucks in Japan for a steering defect before it recalled nearly 1 million of them in the U.S., and safety officials now want to know why the delay.

The U.S. National Highway Traffic Safety Administration said Monday afternoon it had begun an investigation into the 11-month gap between a recall in Japan in October 2004 and one in the U.S. of 977,839 similar vehicles in September 2005.

NHTSA says it has reports of three deaths and seven injuries from the faulty steering rods on 4Runner SUVs and T100 and Hi Lux compact pickups, spanning 1989 to 1998 models, that triggered the recalls. It could not immediately determine, however, if those injuries and deaths occured during the 11 month delay, or some other time.

Toyota says it will coooperate with NHTSA’s investigation.

The new allegations of foot-dragging could deal “another severe blow” to Toyota’s “already fragile consumer trust,”says Jesse Toprak, vice president of industry trends at auto-industry reasearcher TrueCar.com.

via Toyota delayed almost a year before issuing 2005 steering defect recall – USATODAY.com.

Lawyers Vie For Lead Roles in Toyota Suits | Orange County Business Journal

Mark Robinson of Newport Beach’s Robinson, Calcagnie & Robinson Inc. and Wylie Aitken of Santa Ana’s Aitken Aitken Cohn are among those seeking to lead Toyota litigation being consolidated in Santa Ana.

Federal Judge James Selna on Thursday is expected to select a committee of lawyers to lead suits against Toyota’s U.S. arm in Torrance. He’s expected to pick from more than 100 lawyers vying for an expected five lead spots. More than a dozen other lawyers are set to be tapped for supporting roles.

“This is obviously going to be a very major case involving a tremendous amount of legal talent,” said Aitken, founder of Aitken Aitken Cohn.

At stake is a pot of money estimated at $200 million to $500 million in lawyers fees that would be split among the lead and supporting lawyers.

Robinson, senior partner at Robinson, Calcagnie & Robinson, has applied to lead personal injury litigation against Toyota. He and other lawyers submitted their bids last month.

Judge Selna has “given criteria in his order and a lot of people have applied,” Robinson said. “We’ll see what happens.”

Aitken has applied to lead litigation related to the economic impact of Toyota’s recalls. Lawsuits there charge that Toyota vehicles lost value for owners and dealers after recall.

via Lawyers Vie For Lead Roles in Toyota Suits | Orange County Business Journal.

Parties in Toyota Securities Suit Told to Resolve Discovery Fight | National Law Journal

A federal judge in Los Angeles has declined a request by plaintiffs lawyers in a shareholder class action to force attorneys for Toyota Motor Corp. to turn over documents that were provided to Congress, which has been investigating vehicle recalls associated with sudden unintended acceleration defects.

Instead, U.S. District Judge Dale Fischer of the Central District of California on Monday ordered the parties to reach a discovery agreement on their own within a week.

The suit, filed on Feb. 8, is the first shareholder class action to allege that Toyota’s executives and directors made false and misleading statements to shareholders regarding the defects. The recall caused Toyota’s stock price to drop from $90.42 on Jan. 21 to $71.78 on Feb. 4.

In court documents, lawyers for the plaintiff, Harry Stackhouse, had asked Fischer to lift a stay on discovery and instead order that documents relevant to the case be preserved or turned over. Under securities law, discovery is stayed in a shareholder case if a judge has yet to rule on pleading motions, such as a motion to dismiss.

To support their argument, the lawyers pointed to “serious allegations” that Toyota failed to disclose the defects. They specifically mentioned a $16.4 million fine that the National Highway Traffic Safety Administration imposed after finding that Toyota waited four months to report the defects.

via Law.com – Parties in Toyota Securities Suit Told to Resolve Discovery Fight.

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

The new headquarters of the Toyota Motor Corpo...
Image via Wikipedia

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.

PDF: Toyota Email regarding mechanical failure in accelerator pedals | NYTimes.com

Written in January by Irving A. Miller, then a group vice president for Toyota Motor Sales U.S.A., to another Toyota staff member. Three days later, the carmaker, bowing to pressure from Congress, federal regulators and consumers, issued a recall on sticking pedals affecting millions of vehicles. Courtesy New York Times

Download (PDF, 6.94MB)

Why Aren’t Plaintiffs’ Lawyers Drooling Over Recent Toyota Revelations? – Law Blog – WSJ

You’d think that the slew of Toyota revelations – incriminating emails about cover-ups, for instance – would leave plaintiffs’ attorneys licking their litigious chops.

But the revelations from last week and documented here in today’s New York Times have landed with a thud among the realm of attorneys who have filed dozens of suits against Toyota seeking to hold it responsible for sudden unintended acceleration events.

The NYT story, and others that came before it, quote an email from a Toyota executive that says, “I hate to break this to you but we have a tendency for mechanical failure in accelerator pedals of a certain manufacturer on certain models.” In past weeks, internal documents that came to light have boasted of a $100 million in savings for the Japanese auto maker by limiting a 2007 floor mat recall to 55,000 vehicles.

Lawyers on the plaintiffs’ side however are fixated on electronics being to blame for Toyota vehicles accelerating out of control. It’s a charge Toyota has vehemently denied. So why aren’t attorneys jumping for joy at what seems like it could be a couple of smoking guns?

The cynical side of us says the answer may be in the payout. If electronics are to be blamed, the number of plaintiffs is considerably larger, affecting not only the recalled vehicles but those with electronic systems in models dating to 2002.

The damages then would be much bigger, meaning a bigger payday for the lawyers. To be clear, if electronics are to blame Toyota has a much bigger problem on its hands as recalling the electronics in its vehicles could be far more expensive than recalls involving not much more than removing a floor mat.

via Why Aren’t Plaintiffs’ Lawyers Drooling Over Recent Toyota Revelations? – Law Blog – WSJ.

Lawsuits against Toyota are consolidated | latimes.com

3rd generation Toyota Prius G (2009/5 - )
Image via Wikipedia

More than 150 lawsuits against Toyota Motor Corp. over alleged sudden-acceleration problems and related injuries have been consolidated before a single federal judge in Santa Ana, about 30 miles from the automaker’s U.S. headquarters in Torrance.

That means that while federal investigations into the causes of the unintended speeding continue in Washington, Southern California now will be the focal point for assessing any blame.

In a ruling handed down Friday, the U.S. Judicial Panel on Multidistrict Litigation allowed more than 100 suits seeking class-action status, as well as at least 50 personal injury cases, to be adjudicated in a single federal courtroom. The seven-member panel assigned the case to Judge James V. Selna, who was appointed to the federal bench in 2003 by President George W. Bush.

The ruling applies only to federal cases and not lawsuits filed in state courts.

Toyota has been subject to an onslaught of legal filings since it announced its largest-ever recall last September for floor mats that can entrap accelerator pedals and cause unintended acceleration. Since then, Toyota has also recalled vehicles for gas pedals that can stick, as well as some Prius models for brake problems. In total, the Japanese automaker has issued nearly 10 million recalls for cars and trucks since last fall.

via Lawsuits against Toyota are consolidated – latimes.com.

Toyota exec warned on defect: We need to come clean | Reuters

A senior Toyota Motor Corp (7203.T) executive in the United States warned in a January email that the automaker needed to “come clean” on a safety defect that caused accelerator pedals to become stuck open.

The January 16 email from Irv Miller, then Toyota’s top U.S. spokesman, was sent five days before the automaker launched a recall for about 2.3 million vehicle to fix the sticky accelerator pedals.

“We are not protecting our customers by keeping this quiet,” Miller said in his email. “The time to hide on this one is over. We need to come clean.”

A copy of the document was obtained by Reuters on Thursday. Its release comes as Toyota considers whether to appeal a proposed $16.4 million safety fine by U.S. safety regulators.

The email exchange between Miller and a Japanese colleague arguing against responding to media reports of mechanical failures highlights the gap in the level of urgency at the U.S. arm and headquarters — a problem that Toyota later acknowledged contributed to delays in its responses.

The email from Miller, who was about to retire a month later, was one of thousands of pages of internal correspondence collected by U.S. government officials investigating Toyota.

The U.S. Department of Transportation proposed the fine against Toyota — the largest allowed by law — and said that the automaker had knowingly delayed the recall for defective accelerator pedals.

Toyota has two weeks to decide whether to appeal that penalty for the first official finding that the world’s largest automaker violated U.S. safety regulations.

Toyota spokesman Mike Michels said on Thursday that the automaker had not determined its response yet.

The automaker said it would not comment on Miller’s email.

“We have publicly acknowledged on several occasions that the company did a poor job of communicating during the period preceding our recent recalls,” Toyota said in a statement.

via Toyota exec warned on defect: We need to come clean | Reuters.