Toyota Seeks Settlements

This month, Toyota said it would begin negotiations to settle hundreds of pending federal and state lawsuits over the sudden acceleration of its vehicles. Lawyers suing Toyota claim unintended acceleration reports increased after Toyota began equipping vehicles with electronic throttle control via its ETCS-i system. Signals from a sensor detecting how far the gas pedal is pressed control the throttle. An Oklahoma jury recently found a Camry’s electronic throttle system was defective and that Toyota had acted with reckless disregard. Previously, Toyota won sudden-acceleration trials; this being the automaker’s first loss. Reportedly, this verdict likely caused Toyota to pursue settlements in its remaining cases. Negotiations could put an end to a lengthy process that hurt Toyota financially and affected its reputation for quality. Last summer, Toyota agreed to pay $1.6 billion to settle a class-action lawsuit brought by vehicle owners who suffered financial losses. Toyota still faces hundreds of personal injury and wrongful death suits, most of which are consolidated in California. The decision to pursue a comprehensive settlement process will suspend that litigation. Lawyers representing plaintiffs in those cases felt talks would save both sides time and legal costs. Over the past few years, Toyota recalled over ten million Toyota and Lexus vehicles for problems including floor mats that caused the accelerator to become stuck. U.S. District Judge James Selna of Santa Ana issued an order halting the lawsuits. A hearing has been set next month in case 8:10-ml-02151, United States District Court for the Central District of California. See stories here-- http://nyti.ms/1h46mJ4 and http://bloom.bg/KbMiqp

A moment on the Casey Anthony Trial

Well, this afternoon proved the old adage we mediators use in talking to the parties about the unpredictable nature of jury verdicts, is true. You can't begin to guess what happens in the deliberation room no matter what side of a case you are on, nor how many years of experience in the law you might have.

That is the genius of self-determination in the mediation process. The parties get to decide their own fate and do not rely on the whim of folks picked from a voter or driver list.

Thankfully, our civil justice system has avenues for resolution before the jury trial. Though criminal plea bargains are reached in the majority of state cases, mediation is not a recognized method of achieving them. Perhaps, one day, that will be explored to alleviate the public expense of a trial such as this.

In looking at the murder charge acquittal today, I am reminded of the law school lessons in criminal law from Maimonides, expounding on Exodus 23:7 ("the innocent and righteous slay thou not") and Blackstone, Franklin and the others ("it is better that a hundred guilty persons go free, than to put a single innocent one to death.").

At least I can use today as a lesson in the jury system and hope that those for which I serve as a neutral facilitator continue to save themselves thousands of dollars in attorneys' fees and avoid the risk of an unpredictable result or jury verdict.