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Toyota class action suit to start with Utah case
Legal Watch |
2011/06/25 05:41
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The first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over acceleration problems that led the company to recall 14 million cars will involve a crash that killed two people in western Utah, a federal judge said Friday.
U.S. District Judge James Selna told attorneys the case of 38-year-old Charlene Jones Lloyd and 66-year-old Paul Van Alfen, whose Toyota Camry slammed into a wall in Utah in 2010, is scheduled to go to trial in February 2013.
The case - Van Alfen v. Toyota Motor Sales, U.S.A., Inc. - will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.
Selna wrote in a tentative order that he hoped the selection would "markedly advance these proceedings."
"The Court believes that selection of a personal injury/wrongful death case is most likely the type of case to meet that goal," Selna said.
Toyota said it welcomes the Utah case as the first suit to reach court.
"We are pleased that the initial bellwether will address plaintiffs' central allegation of an unnamed, unproven defect in Toyota vehicles, as every claim in the multi-district litigation rests upon this pivotal technical issue," the company said in a statement.
Toyota has previously argued the plaintiffs have been unable to prove that a design defect in its electronic throttle control system is responsible for vehicles surging unexpectedly. It has instead blamed driver error, faulty floor mats and sticky accelerator pedals. |
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Court: Using car to flee can be considered violent
Legal Watch |
2011/06/09 06:55
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The Supreme Court says fleeing police custody in a vehicle can be considered a violent felony.
The high court made its ruling on Thursday in the case of Marcus Sykes.
Sykes was convicted of being a felon in possession of a handgun in 2008. Officials said he was subject to a sentencing enhancement because of two previous felony convictions, one of which was fleeing the police in a car in Indiana.
Sykes argued his fleeing conviction shouldn't be considered violent and two federal appeals courts, the 7th Circuit in Chicago and the 11th Circuit in Atlanta, have ruled in opposite ways.
The high court said in a 6-3 judgment that Sykes' flight from police can be considered a violent felony. |
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Court for Fla. woman charged in husband's NY death
Legal Watch |
2011/05/06 09:40
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Federal prosecutors have been turning up the heat on a Florida woman accused of arranging the 2009 killings of her millionaire husband and mother-in-law.
Narcy Novack of Fort Lauderdale and her brother, Cristobal Veliz of Brooklyn, N.Y., are due in court Friday morning for a status conference.
Novack and Veliz are accused of hiring others to kill Ben Novack in his New York hotel room and Bernice Novack in her Florida home.
Last month, the government added the mother-in-law's killing to the charges against Novack and Veliz. And a prosecutor said another charge — which carries the possibility of the death penalty — may be in store.
Defense attorneys suggested the prosecution was trying to force a guilty plea.
Ben Novack's father built the Fontainebleau hotel in Miami Beach, Fla. |
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Nebraska court rejects former candidate's lawsuit
Legal Watch |
2011/04/28 16:21
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The Nebraska Supreme Court has rejected a former legislative candidate's defamation lawsuit against the state Republican Party over campaign flyers.
The Lincoln Journal Star says the court ruled Thursday that tone of the publications constitute opinion and is protected by the First Amendment.
Democrat Rex Moats, of Omaha, sued the GOP after losing in the November 2008 election, saying he was defamed by 11 campaign flyers. The flyers referenced Moats' work with a vehicle-repair insurance company that failed in 2003 and left about 500,000 people without coverage. In the mailings, the Nebraska GOP claimed Moats received a $50,000 trust fund from the insurance company and misled creditors and the public.
Moats' attorney didn't immediately comment on the ruling. Mark Fahleson of the GOP hailed the ruling, calling the lawsuit "frivolous." |
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Court hears arguments in Microsoft patent case
Legal Watch |
2011/04/19 16:04
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The Supreme Court on Monday heard arguments from Microsoft Corp. asking it to overturn a $290 million patent infringement judgment against the world's largest software maker, a ruling that could have a profound effect on how corporations protect and profit from their future inventions.
An eight-justice court on Monday heard arguments from the Redmond, Washington-based Microsoft, which wants the multimillion dollar judgment against it erased because it claims a judge used the wrong standard.
Business groups are closely watching this case. The U.S. government made more than $64 billion off of international licensing and royalties from patents in 2009, with an expected growth rate of 15 percent a year. A ruling for Microsoft could make companies less likely to invest in new inventions, but a ruling for i4i, the company which brought the lawsuit against Microsoft, could make it harder for large corporations to fight off such challenges.
The cost of fighting off a patent lawsuit could be as much as $4 million per defendant, companies say. |
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Thousands sign on for $10 billion BP suit
Legal Watch |
2010/08/30 14:01
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The revelation that BP's Texas City refinery emitted toxic benzene for more than a month has ignited a furor in the port community that has suffered its share of deadly industrial accidents and toxic spills. Thousands of residents who fear they may have been exposed to the known carcinogen released at the oil refinery from April 6 to May 16 have been flooding parking lots and conference halls where local trial attorneys hosted information sessions and sought clients for class-action lawsuits against the oil giant. BP faces the new challenge just as it is reaching a key milestone in another crisis — plugging the Gulf of Mexico well that blew out in an oil spill disaster that is costing the company billions of dollars. On Wednesday, more than 3,400 people lined the hallways and sidewalks around the Nessler Center to sign on to a $10 billion class-action lawsuit filed Tuesday in Galveston federal court by Friendswood attorney Anthony Buzbee. The lawsuit alleges the release of 500,000 pounds of chemicals - including 17,000 pounds of benzene - has jeopardized the health and property values of people who live and work in the area. At the nearby College of the Mainland, a separate town hall meeting drew a crowd of 600. |
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Appeals court grants Dish rare review of TiVo case
Legal Watch |
2010/05/17 13:25
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A federal appeals court on Friday granted Dish Network Corp. a rare, full-court review of a ruling it had earlier lost to TiVo Inc., one that could have resulted in the satellite TV company disabling millions of digital video recorders. Instead, the U.S. Court of Appeals for the Federal Circuit in Washington breathed new life into litigation that Dish has consistently lost to TiVo. Dish's decision to seek an "en banc" review was seen as CEO Charlie Ergen's last straw effort as damages mounted. Ergen had even believed that the appeals court was unlikely to grant it. Shares of DVR pioneer TiVo fell by $6.52, or 37.5 percent, to $10.87 in midday trading. Dish rose by $1.22, or 5.6 percent, to $23.18. But it's uncertain whether Dish will have eventual victory given that TiVo has prevailed in a series of other court rulings. TiVo sued Dish in 2004 for patent infringement over a technology that stored and retrieved video on DVRs, which lets viewers pause, rewind and replay live TV. Dish lost the case on appeal, paid TiVo $104.6 million in damages and interest and was barred from using the technology.
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