A plague upon thee, Toyota
Over
250 lawyers met yesterday at the "Toyota Litigation Symposium"
at the Westin hotel in San Diego, California, in preparation for the
a major federal hearing today on the "sudden
acceleration" problems in certain Toyota vehicles.
Sessions
reportedly included topics such as “Liability issues: The
Mechanical vs. Electronic Debate", "Corporate Damage
Control", and "From Ford to Toyota: Lessons
Learned".
Eight Toyota models have been recalled for the
issue, affecting 2.3 million vehicles. "There is a possibility
that certain accelerator pedal mechanisms may, in rare instances,
mechanically stick in a partially depressed position or return slowly
to the idle position," stated
the company in January.
An earlier recall due to pedal
entrapment due to floor mats and a separate recall for anti-lock
brake software on the Prius have led to over 100 lawsuits being filed
against Toyota. There are over 9 million Toyota vehicles that have
been recalled since November, but an increasingly large number
of lawsuits have been filed recently, many of which may be frivolous
or suspicious.
This is illustrated by the inconsistencies in
the "Runaway
Prius" incident. Abnormal brake wear and refusal to shift
the transmission into neutral despite being told repeatedly to do so
have led authorities to investigate the driver. Jim Sykes has had a
long history of financial trouble, and financial gain from a lawsuit
may have been the motivating factor in the incident.
Many of
the cases may be due to pedal confusion, especially amongst elderly
drivers. Cases of pedal confusion have been increasing over the past several
years due to an aging population.
There are also separate
lawsuits filed by crash victims and family members, as well as by
investors who blame Toyota stock losses on the recalls.
The
lawsuits filed so far span a wide spectrum. Some are filed by crash
victims and family members seeking damages, while others are from car
owners seeking to recoup a perceived lost value in their vehicles. A
few lawsuits are by investors who blame losses from trading Toyota's
stock on the recalls.
The U.S. Judicial Panel on Multidistrict
Litigation will hold its first hearing today on consolidating the
cases. The seven-member Panel will decide which cases can be
consolidated into class action lawsuits, and there may be several
depending on their decision.
“The Multidistrict Litigation
(MDL) process has established itself as an important tool for
addressing complex disputes. And, in becoming familiar with the MDL
device, lawyers must adjust their philosophies and notions of how
cases are litigated and how they get concluded. Of course, complex
litigation always provides an opportunity for creative thinking and
strategic coordination. The Toyota litigation will be no different,”
said Richard J. Arsenault, an organizer of the symposium.
The
Judicial Panel will also decide where to send the lawsuits after they
are consolidated. Nineteen jurisdictions have been suggested,
included Puerto Rico.
Damages from the lawsuits could
potentially amount to billions of dollars, in addition to the
hundreds of millions spent on the recalls and fixing
vehicles sold.
"I want people to see my movies in the best formats possible. For [Paramount] to deny people who have Blu-ray sucks!" -- Movie Director Michael Bay
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