Here is a press release our firm just sent out on our class action lawsuit against Toyota for problems with their accleration control system:
02/05/10 – Richard J. Arsenault of Neblett, Beard & Arsenault, along with co-counsel have filed a class action lawsuit against Toyota Motor Sales and Toyota Motor Corporation in the United States District Court Southern District of New York (10 CIV 0900).
In the lawsuit, vehicle owners allege that Toyota concealed the true nature of the defect in their electronic throttle controls by initially claiming that their vehicles’ sudden acceleration problems were caused by floor mats. In doing so, the suit alleges that Toyota engaged in deceptive conduct and breached expressed warranties.
The full text of the lawsuit can be viewed as a PDF on the Web site of Neblett, Beard & Arsenault.“Uncontrollable vehicle acceleration is obviously a very serious and potentially life threatening problem. The questions include what did Toyota know, when and why did this happen in the first place. This lawsuit seeks to compensate the many victims of both economic and physical harm,” said Arsenault, a veteran of class action and consumer protection litigation.
Arsenault claims Toyota’s misconduct has had a serious financial impact on its customers, who have seen their car values drop radically after the recalls were announced.
“Toyota has a responsibility to their customers and the motoring public to create safe, properly functioning vehicles,” said Arsenault.The lawsuit seeks compensatory and punitive damages against Toyota. It alleges that Toyota breached implied warranties of merchantability by designing, manufacturing, distributing and selling vehicles after it became apparent they were defective.
“Understandably, Toyota owners believed that their vehicles were safe. Had they known about these problems, do you think they would have bought these cars? And now, they have to deal with confusion about whether they should even be driving these vehicles and what to do with them,” added Arsenault. “These customers should not have to bear this financial burden, especially since many are already suffering from the impacts of the current recession. Toyota needs to step up to the plate and make this right.”
USA TODAY analysis of new government data finds that one fifth of the nation’s nursing homes received poor overall ratings. On January 27th Medicare released quality rating data indicating more than a quarter million patients live in nursing homes receiving low scores. The ratings are derived from investigations, inspections, complaints and other data collected in 2008 and 2009. All states had homes with consistent poor ratings. Larry Minnix, CEO of American Association of Homes and Services for the Aging, stated “the issue is the owners have to take responsibility for the consequences” of poorly performing homes. Nearly all the homes that repeatedly received low overall rating were owned by for- profit corporations.
The newspaper analysis found the lowest rated homes had an average of 14 deficiencies per facility, including quality of life measures and safety violations. Larry Minnix also stated
“If homes are not motivated to get better, chances are they won’t, and you’ll end up in homes in poor quality purgatory”. “There should be two types of homes: the excellent and the non-existent”.
Before putting a love one in a nursing home, request a copy of their ratings and refuse to put them in homes with one or two star ratings. Corporate America only understands the almighty dollar and if people demand quality care or they will go elsewhere, things will change.
Toyota owners in Louisiana take note that Toyota vehicles faulty gas pedals has suspended sales and production of 8 models. Toyota announced the unprecedented sales suspension to fix gas pedals that could stick and cause acceleration without warning.
Toyota had already issued a recall for the same 8 models involving 2.3 million vehicles. Toyota said the problem comes from one U.S. supplier and does not affect models that use parts from different suppliers. The sales suspension includes the following models: 2009-2010 RAV4,Corolla, and Matrix; 2007-2010 Camry; 2005-2010 Avalon; 2010 Highlander; 2007-2010 Tundra; 2008-2010 Sequoia. Toyota is still working on the remedy.
Drivers of commercial trucks such as 18-wheelers and buses will be prohibited from texting under Federal guidelines that U.S. Secretary of Transportation Ray LaHood is issuing. “We want the drivers of big rigs and buses and those who share the roads with them to be safe,” LaHood said in a statement. “This is an important safety step, and we will be taking more to eliminate the threat of distracted driving.” The prohibition is effective immediately.
According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. FMCSA research shows drivers who text are more than 20 times more likely to get in an accident than non-distracted drivers. For states that ban texting for all drivers, see one of my older blog posts.
Two Georgia lawmakers are proposing a ban on texting behind the wheel that could make the practice illegal for all drivers. One Georgia lawmaker stated, “I used to text like crazy while driving,” who added that he has since broken the habit. “I had no I idea what was going on around me, and that’s scary. I knew I needed to make some changes before I hurt myself or someone else.” The lawmakers hope banning texting while driving, will help prevent serious injuries and deaths caused by automobile accidents.
If the law passes, it would go into effect July 1 and make Georgia the 20th state to outlaw texting while driving. Colorado, Louisiana, New York, Virginia and Washington are among the 19 states that ban test messages for all drivers. Nine states ban text messaging for teen drivers.
The American Trucking Associations is suing the Department of Transportation on proof of hours-of-service rules. In the lawsuit filed January 19, 2010, the association asked the U.S. District Court for the District of Columbia to order DOT to issue a notice of proposed rule-making within 60 days on the supporting hours-of-service documents carriers must keep and how long they must be kept. Typically, those documents include not only driver log books but fuel and toll receipts, dispatching records and many other papers and, increasingly, electronic data. DOT is working on a rule that could require electronic onboard recorders on trucks.
The lawsuit by the trucking industry against DOT may be in retaliation as the Federal Motor Carrier Safety Administration began hearings on the hours of service (HOS) rules. The ATA supports regulations issued by the Bush administration in late 2008, which the FMCSA is now conducting safety hearings on the expanded hours of duty and drive time and the safety risk to the motoring public. The FMCSA in November said it would release a proposed HOS rule this year and a final rule by August 2011.
Here is a press release our Firm sent out:
Within the past two days, the U.S. Consumer Safety Product Commission (CPSC) has announced the recall of over two million children’s products including drop-side rail cribs and popular Graco strollers. The recalls were initiated after the products were linked to serious injuries and death in infants and children.
Attorney Richard Arsenault, who represents victims of dangerous products, has seen first-hand the damage these faulty items can cause. Arsenault recently filed a wrongful death lawsuit (U.S. District Court for the Western District of Louisiana; Docket # 6:09-CV-01976) in the nation’s largest crib recall. His client’s 7-month-old son was found suffocated to death in a drop-side rail crib. The infant’s death, along with the suffocation deaths of three other babies, prompted the CPSC to recall over 2.1 million Stork Craft brand cribs.
Victims’ rights groups have argued that the design of drop-side rail cribs is inherently dangerous and have attributed the deaths of over 100 infants within the past 15 years. They have urged the government to ban this type of design, a recommendation that is under review, but so far has not been acted upon.
“This story is heartbreaking and the fact patterns are strikingly similar – a gap in the drop-side rail allows the child to become wedged between the rail and the mattress, leading to suffocation or other serious injuries. Our regulatory agencies say drop-side rail cribs are under review, but that comes as little solace to the families who have already lost babies in this tragic, unnecessary way,” added Arsenault.
In addition to the recent recalls of more than three million drop-side rail cribs from various manufacturers, yesterday the CPSC announced the recall of 1.5 million Graco strollers after receiving several reports of children suffering finger lacerations and amputations caused by the strollers’ hinges.
Graco, one of the nation’s most popular producers of strollers and child travel systems, is offering a repair kit to cover the dangerous hinges. Unfortunately, this repair likewise comes too late for the children who have already suffered from fingertip amputations and lacerations, Arsenault said.
“Corporations owe consumers safe products – especially when the products are intended for infants and children. It’s not enough to fix the problem once the products are on the market. These manufacturers need to be making products that are safe right off the assembly line,” said Arsenault.
A visit to the CPSC’s recalls Web site reveals dozens of recalls targeted at children’s products from strangulation and suffocation hazards, to lead contamination, to risk of serious injury, some of which involve America’s most trusted brand names.
“The current safety standards established for many infant and children’s products are too weak and the enforcement capabilities of our regulatory agencies are inadequate. At some point the hope is that a strong and properly funded regulatory agency along with civil litigation will motivate wayward companies to clean up their act and make safety the priority it needs to be,” concluded Arsenault.
Neblett, Beard & Arsenault partner, Attorney John Randall Whaley, will be one of the featured presenters in an upcoming legal seminar. The course entitled, Lone Pine Orders in Class Action, Mass Tort and Products Liability Litigation: Bringing and Defending Pre-Trial Motions Regarding Exposure, Causation and Damages.
“Lone Pine” orders are a critical case management tool to identify and dismiss claims in mass tort and class action litigation. The order requires plaintiffs to produce evidence to support a prima facie claim early in the litigation, specifically on the issues of exposure, causation, and damages.
Whaley was asked to present the program because of his experience in mass tort/complex litigation. He has tried many cases and class certification issues in both state and federal courts, as well as having argued in many appellate courts. Whaley’s practice focuses on class actions, complex litigation, consumer protection, wrongful death, and serious personal injury representing victims and consumers injured by the negligence and fraud of others.
The U.S. Food and Drug Administration is warning consumers about a counterfeit and potentially harmful version of Alli 60 mg capsules (120 count refill kit).
Preliminary laboratory tests conducted by GlaxoSmithKline (GSK)—the maker of the FDA approved over-the-counter weight-loss product— revealed that the counterfeit version did not contain orlistat, the active ingredient in its product. Instead, the counterfeit product contained the controlled substance sibutramine. Sibutramine is a drug that should not be used in certain patient populations or without physician oversight. Sibutramine can also interact in a harmful way with other medications the consumer may be taking.
Consumers began reporting suspected counterfeit Alli to GSK in early December 2009. GSK has determined that the counterfeit product has been sold over the internet. However, there is no evidence at this time that the counterfeit Alli product has been sold through other channels, such as retail stores.
The counterfeit Alli product looks similar to the authentic product, with a few notable differences. The counterfeit Alli has:
Consumers who believe they have received counterfeit Alli are asked to contact the FDA’s Office of Criminal Investigations (OCI) by calling 800-551-3989 or by visiting the OCI Web site.
