Toyota Hit With Temporary Restraining Order

Posted on October 1, 2009 by Craig Cherry

In what appears to be the first case in Texas to be filed against Toyota seeking to reopen previously settled product liability cases, Judge T. John Ward, who presides over the United States District Court, Eastern District of Texas, Marshall Division, signed and entered a temporary restraining order against Toyota Motor Corporation, Toyota Motor Sales, USA, Inc. and several in-house counsel for Toyota regarding document retention related to Toyota motor vehicles. 

The temporary restraining order arises out of a civil RICO complaint filed in Judge Ward's court by Raul Lopez, a plaintiff who previously settled a personal injury case with Toyota years ago.  Mr. Lopez filed a RICO complaint on September 25 seeking to reopen his case after Dimitrious Biller, a former in-house attorney for Toyota, filed a federal lawsuit in California alleging Toyota has illegally withheld and destroyed evidence in hundreds of rollover injury and death cases over  the past several years. 

The temporary restraining order issued by Judge Ward yesterday orders Toyota, and essentially anyone who works for or with Toyota, to:

  1. Issue litigation holds on all documents in any form pertaining to any make, model or year platform vehicle;
  2. Issue litigation holds on all documents in any form pertaining to any non-production vehicle evaluation pertaining to product liability or crashworthiness issues;
  3. Issue litigation holds on all documents in any form pertaining to research projects that involve issues related to product liability or crashworthiness issues;
  4. Issue litigation holds on all documents that are presently or will be subject to any type of document retention policy;
  5. Issue litigation holds on all documentation and all communications sent to outside Counsel, outside experts, or outside contractors.

Judge Ward also set a show cause hearing  for October 7, 2009, at 1:30 pm, for Toyota to show why the temporary restraining order should not be converted to a preliminary injunction.

The style of the case is Raul Lopez, et. al. v. Toyota Motor Corporation, et. al., Cause No. 2:09-CV-292.

 

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Toyota Attorney Accuses Company Of Hiding/Destroying Evidence

Posted on September 1, 2009 by Craig Cherry

Dimitrios Biller, a former in-house attorney for Toyota Motor Sales USA, Inc. has accused the car maker in a lawsuit filed in federal court in California of illegally withholding evidence in hundreds of rollover injury and death cases in a "ruthless conspiracy" to keep evidence of its vehicles "structural shortcomings" from becoming known.  Biller alleges that his complaints to Toyota executives about the illegal conduct cost him his job.  Biller also complains that Toyota misled the National Highway Traffic Safety Administration when the government was considering tougher regulations for roof strength.  While Toyota has denied Mr. Biller's allegations, this has created a mess for Toyota which could lead to the reopening of hundreds of cases that were previously resolved through settlement or trial.

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