Judge dismisses most Toyota economic-loss claims from New York, Florida

Judge dismisses most Toyota economic-loss claims from New York, Florida

May 8, 2012 by · Leave a Comment 

Filed under: Government/Legal , Toyota Even though Toyota’s unintended acceleration debacle is as ancient as Jurassic fleas for most of us, the California Distric Court of Judge James Selna is still chainsawing through a massive docket of claims. Judge Selna had been considering whether plaintiffs in California, New York and Florida could sue Toyota for economic loss related to the claims of unintended accleraton – the plaintiffs wanted Toyota to reimburse them for the alleged decline in value of their cars. According to a report in Bloomberg , Selna issued a final ruling that the New York and Florida plaintiffs can’t sue for economic loss if they didn’t experience unintended acceleration, or if they didn’t experience “a measurable loss” when selling their cars. California plaintiffs, on the other hand, can sue even if there was no unintended acceleration event or perceived depreciation. The ruling could remove millions of owners from of plaintiffs and make an economic-loss class action lawsuit more difficult, but plaintiffs attorneys have said they’ll try to get the cases tried in New York and Florida courts. However, the ruling doesn’t affect other plaintiffs suing over the same issue in other states. This doesn’t affect the unintended accleration cases, though; three litmus-test trials are scheduled for next year. Judge dismisses most Toyota economic-loss claims from New York, Florida originally appeared on Autoblog on Mon, 07 May 2012 16:26:00 EST. Please see our terms for use of feeds . Permalink

Ruling says Toyota can’t require arbitration for unintended acceleration plaintiffs

Ruling says Toyota can’t require arbitration for unintended acceleration plaintiffs

March 14, 2012 by · Leave a Comment 

Filed under: Government/Legal , Toyota U.S. District Judge James Selna – who has presided over the unintended acceleration cases against Toyota since 2010 – says the automaker does not have the right to compel 20 named plaintiffs into arbitration. The plaintiffs are seeking class-action status for lawsuits covering economic losses from the alleged issue of unintended acceleration . Toyota had maintained that leasing and purchase agreements signed by the owners denies owners the right to class-action litigation. According to Bloomberg , although the ruling covers all 20, the are two kinds of plaintiffs in this instance. The judge decided that Toyota had lost its right to arbitration with fifteen of the plaintiffs only because Toyota waited so long to pursue it. Selna concluded that since the plaintiffs had come so far in the litigation process that “They would be prejudiced if their claims were required to be submitted to arbitration now.” Selna further denied Toyota’s right to arbitration with the remaining five because “the carmaker wasn’t a party to the arbitration agreements between the plaintiffs and the Toyota dealers.” The ruling finalizes the tentative decision Selna issued last month. Class-action status for the plaintiffs, however, has not yet been granted. Three trials are scheduled for next year, and they will be used to set precedents for evidence, liability and theories. It is expected that a final decision on class-action status will come after the conclusion of those three cases.

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