Procedurally speaking, the string of lawsuits against Toyota following its massive spontaneous acceleration recall remain at a standstill as parties continue to battle over discovery issues- issues which will be sorted through by federal judge James Selna of Santa Ana. The main crux of the conflict regards the shear number of witnesses and vehicle owners Toyota plans to depose- a number close to 250.
The lawsuit stems from a number of cases in which car owners’ vehicles were recalled due to concerns with sudden and spontaneous acceleration. Plaintiffs claim the value of their vehicles was significantly depreciated following the recall and are seeking damages from the auto-giant. As of now, plaintiffs are filing claims separately but many lawyers are seeking class action status from Judge Ana in the near future.
Giving rise to the conflict is the fact that Toyota has expressed its intention to depose 250 economic loss victims in conjunction with the lawsuit. Plaintiffs would like that number significantly reduced to just 50 plaintiffs. Toyota is also seeking permission to stretch depositions until 2013. Attorneys for both sides presented their arguments in court filings this week to give Judge Ana an opportunity to review the assertions of both opponents.
One plaintiff’s attorney called Toyota’s discovery filings a “blunderbuss” and referred to the amount of discovery as “nothing short of stunning.” Plaintiffs’ attorneys are also concerned with judicial efficiency and economy and worry that 250 depositions will take an indeterminate amount of time to complete.
Toyota has counted these arguments with due process claims and cited the recent Wal-Mart sex discrimination case. That case emphasizes the due process rights of massive corporate defendants embroiled in class action suits. Toyota points to its right to conduct a fair case and produce a full record of events with regard to the case.
Value depreciation claims are not the only suits pending against Toyota with regard to acceleration problems. A number of personal injury and wrongful death claims have been filed on behalf of drivers, passengers and victims injured or killed when their vehicle suddenly sped up while on the roadway.
Tuesday’s upcoming hearing comes on the heels of a recent decision by Judge Ana disallowing non-California residents from seeking compensation in California courts. Many out-of-state plaintiffs were choosing to file in California based on its favorable consumer protection laws. Judge Selna struck down these suits on the notion that it is unlawful for plaintiffs to “forum shop” and file claims in a certain jurisdiction based solely on the likelihood of success.
The lawsuit stems from a number of cases in which car owners’ vehicles were recalled due to concerns with sudden and spontaneous acceleration. Plaintiffs claim the value of their vehicles was significantly depreciated following the recall and are seeking damages from the auto-giant. As of now, plaintiffs are filing claims separately but many lawyers are seeking class action status from Judge Ana in the near future.
Giving rise to the conflict is the fact that Toyota has expressed its intention to depose 250 economic loss victims in conjunction with the lawsuit. Plaintiffs would like that number significantly reduced to just 50 plaintiffs. Toyota is also seeking permission to stretch depositions until 2013. Attorneys for both sides presented their arguments in court filings this week to give Judge Ana an opportunity to review the assertions of both opponents.
One plaintiff’s attorney called Toyota’s discovery filings a “blunderbuss” and referred to the amount of discovery as “nothing short of stunning.” Plaintiffs’ attorneys are also concerned with judicial efficiency and economy and worry that 250 depositions will take an indeterminate amount of time to complete.
Toyota has counted these arguments with due process claims and cited the recent Wal-Mart sex discrimination case. That case emphasizes the due process rights of massive corporate defendants embroiled in class action suits. Toyota points to its right to conduct a fair case and produce a full record of events with regard to the case.
Value depreciation claims are not the only suits pending against Toyota with regard to acceleration problems. A number of personal injury and wrongful death claims have been filed on behalf of drivers, passengers and victims injured or killed when their vehicle suddenly sped up while on the roadway.
Tuesday’s upcoming hearing comes on the heels of a recent decision by Judge Ana disallowing non-California residents from seeking compensation in California courts. Many out-of-state plaintiffs were choosing to file in California based on its favorable consumer protection laws. Judge Selna struck down these suits on the notion that it is unlawful for plaintiffs to “forum shop” and file claims in a certain jurisdiction based solely on the likelihood of success.
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