Federal judge in Calif. begins housekeeping of Toyota lawsuits as lawyers jockey to take lead

By Greg Risling, AP
Thursday, May 13, 2010

Lawyers jockey for lead slots in Toyota lawsuits

SANTA ANA, Calif. — Dozens of lawyers are jockeying to take the lead in the litigation involving sudden acceleration problems in Toyota vehicles.

More than 70 lawyers are expected to try and dazzle U.S. District Judge James Selna at a hearing Thursday with their expertise to head three committees that will oversee key components of the case.

At stake is potentially millions of dollars that a judge can appropriate for attorneys if a settlement or award is reached.

More than 320 lawsuits have been filed in federal and state court against Toyota Motor Corp. Some lawsuits are claiming economic loss after the Japanese automaker recalled millions of vehicles, while others allege injury and death due to sudden acceleration.

A judicial panel consolidated the federal cases in Orange County, Calif., and chose Selna to preside over them.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

SANTA ANA, Calif. (AP) — A federal judge in Orange County could set the framework for the lawsuits facing Toyota Motor Corp. related to its sudden acceleration problems.

A hearing will be held Thursday where U.S. District Judge James Selna may decide who the lead plaintiffs’ attorneys will be as well as what information must be turned over by Toyota.

It will be the first hearing since a judicial panel consolidated the federal cases last month and chose Selna to preside over them.

More than 320 lawsuits have been filed in federal and state court against the Japanese automaker. Some suits are claiming economic loss after Toyota recalled millions of vehicles, while others allege injury and death due to sudden acceleration.

Because of the size and scope of the cases, Selna envisions creating several committees that will oversee the wrongful death cases, the economic loss suits and will handle how information will be exchanged between the plaintiffs’ attorneys and Toyota.

Hundreds of Toyota customers have filed lawsuits against Toyota after the automaker began recalling some of its models because of acceleration problems and brake glitches with the popular Prius hybrid.

Toyota blamed faulty floor mats and sticky accelerator pedals for the unintended acceleration. About 8 million vehicles have been recalled. The company also has knocked down claims by some plaintiffs who say there is a defect with its electronic throttle control system.

Toyota has paid a record $16.4 million fine to the National Highway Traffic Safety Administration for failing to report its safety problems to the government in a timely manner. The agency has linked 52 deaths to Toyota acceleration problems.

Some attorneys peg at least a $3 billion payout if Toyota decides to settle the cases. In comparison, drugmaker Merck & Co. has paid more than $4.8 billion into a settlement fund for tens of thousands of claims from people who used its withdrawn painkiller Vioxx.

Selna still must decide whether the lawsuits should be certified as a single class. Toyota has sought to dismiss that motion, saying drivers who haven’t had any problems with their vehicles shouldn’t be included in the case.

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