Posts Tagged ‘Toyota’

Joseph Nocera on the mass-tort business model

The New York Times columnist responds to critics of his coverage (earlier here, here, etc.) of the BP Gulf spill claims bonanza:

Until that story [on the silicone breast implant episode], I’d always taken the liberal view of plaintiffs’ lawyers as avenging angels, righting wrongs and helping wrest compensation for people who had been harmed by greedy corporations. …

[Since then] I’ve seen mass torts where the actual plaintiffs get coupons while the lawyers reap millions. Mass torts where the connection between the product and the harm is illusory. Mass torts built on fraud (silicosis). Complex litigation settled for billions even when the government implies that consumers are responsible (Toyota sudden acceleration). I’ve also seen cases where some victims hit the jackpot with a giant jury verdict and other victims come up empty. Or where a corporation really has done harm but pays off the lawyers instead of the victims. Over the years, I’ve thought: There’s got to be a better way.

Read the whole thing [via Ted at Point of Law]

Imagine what a genuine malfunction might have cost

The bogus Toyota sudden-acceleration scandal, fed by credulous media and hungry lawyers, has now cost the Japanese automaker upwards of one billion dollars on paper in settlements, despite the lack of an actual mechanical basis for the claims. (The “on paper” is a necessary qualifier because class action settlements typically fall short of transferring the actual sums declared) Yet many more lawsuits remain unsettled, including one nearing trial alleging that the automaker was negligent in not installing a system that cuts off accelerator power when the brake pedal is depressed. Whatever their value as a gesture of reassurance, such systems are of no help whatsoever in the actual sudden-acceleration accidents that typically make it to court, in which drivers mistakenly believe themselves to be pressing the brake when their foot is actually on the accelerator. [L.A. Times, whose coverage as usual disappoints]

P.S. National Law Journal coverage of pending trial:

“The heart of the mass tort was always the electronic throttle control. The fact that the first trial is going and not bringing that theory is interesting,” said Byron Stier, a professor at Southwestern Law School in Los Angeles who specializes in mass tort litigation. “Look how far that is from the original panic of this.”

June 21 roundup

  • What could go wrong? “Moving into F.B.I. turf, local police are assembling databases of DNA records” [NYTimes, earlier here, here, and here]
  • Toyota pays Orange County D.A. $16M to go away: $4M to locally influential attorney Robinson and friends, $8M to… gang prevention?! [NLJ]
  • Mt. Holly: “Supreme Court Takes Up Challenge To Disparate-Impact Discrimination Theory” [housing; Daniel Fisher, Forbes]
  • UFCW: legalizing private liquor stores to compete with our guys’ state-run Pennsylvania stores would be just like killing people [Malanga]
  • Prattling on about Lochner v. New York decision, Michael Lind appears to lack first clue as to what it actually said [David Bernstein; more on “Where’s your country, bub?” anti-libertarian flap, Max Borders (on E.J. Dionne), Will Wilkinson (“Why does Michael Lind keep asking questions that have obvious answers?”), Marlo Lewis/Open Market.]
  • The other day the editorialists of the New York Times sat down and wrote that “there is no persuasive evidence of any significant fraud or abuse” in asbestos claiming. Yes, they actually wrote that. In 2013. Paging Lester Brickman!
  • Supreme Court: feds can’t require beneficiaries of overseas grant programs to sign pledge to oppose legalizing prostitution [Ilya Shapiro] “How Calling Sex Work ‘Human Trafficking’ Hurts Women” [Cathy Reisenwitz, Sex and the State, more]
  • “The utterly frivolous and offensive complaint against the honorable Judge Edith Jones” [@andrewmgrossman on this Andrew Kloster piece, earlier here and here]

February 26 roundup

  • Tel Aviv: “City Workers Paint Handicap Space Around Car, Then Tow It” [Lowering the Bar]
  • Editorial writer has some generous comments about my work on excessive litigation. Thanks! [Investors Business Daily]
  • Nuisance payment: Toyota will throw $29 million at state attorneys general who chased bogus sudden acceleration theory [Amanda Bronstad, NLJ]
  • “Iowa Woman Who Didn’t Break Allergy Pill Limit Law Charged with Crime Anyway” [Shackford]
  • Cutting outlays on the nonexistent census, and other bogus D.C. spending cuts: in the business world, they’d call it fraud [Coyote, Boaz] Skepticism please on the supposed national crumbling-infrastructure crisis [Jack Shafer]
  • Tassel therapy: “Lawsuit Claims Dancing in a Topless Bar “Improves the Self Esteem” of the Stripper” [KEGL]
  • Was there ever an economics textbook to beat Alchian and Allen? R.I.P. extraordinary economist Armen Alchian, whose microeconomics introductory course for grad students I was fortunate to take long ago [Cafe Hayek, David Henderson, more, more, more, Bainbridge]

January 29 roundup

  • In job bias dispute: “Federal Court Says Veganism Might Qualify As A Religion” [Religion Clause]
  • Perennially credulous L.A. Times drops broad hints that Toyota settlement vindicates sudden acceleration theories, others know better [LA Times, NLJ earlier]
  • “Cato Named America’s Most Effective Think Tank Per Dollar Spent” [Dan Mitchell, Nick Rosenkranz]
  • Disappointing: Transportation Sec. LaHood said to be “sticking around for a while” [Roads and Bridges, earlier] That was quick: only hours later, he says he’s leaving after all [WaPo]
  • It became necessary to destroy the sex workers in order to save them [Melissa Gira Grant/Reason]
  • Profile of lefter-than-thou NY attorney general Eric Schneiderman [NY Mag]
  • As rural pub tradition declines, Irish government rejects proposal to ease DUI laws [AP]

Product liability roundup

January 6 roundup

NHTSA to mandate accelerator overrides

We now know that the panicky tales of electronics-driven sudden acceleration in Toyotas, as urged on the nation by trial lawyer allies like Clarence Ditlow and Joan Claybrook, were sheerest fantasy. That’s no real surprise, since earlier reports of mechanically arising sudden acceleration in Audis and other brands of automobile (also urged on the nation by Ditlow et al.) proved equally imaginary.

But the media never learns, and if they don’t, why should the government? So the National Highway Traffic Safety Administration is proposing a rule that would require all auto designs to include “override” systems which shut off the accelerator if the brake is pressed. This will have no effect at all on typical “sudden acceleration” accidents, which arise from drivers’ hitting the wrong pedal, since those drivers already imagine themselves to be hitting the brake. They will have little if any effect on the extremely rare floor mat entrapment cases in which an accelerator gets trapped in the depressed position, because drivers can already overcome such acceleration by pressing the brake pedal if it is available, while if it is not available because of mats or other obstructions, the efficacy of the override may fall short of what is hoped.

But at least the government will be able to say that it did something.

I did find it interesting in the Washington Post account that Ditlow seems for the moment to have joined the rest of us in agreeing that pedal misapplication is the big cause of these accidents, the better to afford him a vantage point to criticize NHTSA for Not Doing Enough on that front. That’s quite a change from what you hear from him at the height of these panics, when he tends to talk up every possible cause of unwanted acceleration other than driver error. When the next sudden-acceleration panic breaks out, I fully expect CAS to be back pitching the electronics theories again.

P.S. Plaintiff’s lawyer and longtime Overlawyered favorite Steve Berman asserts that there have been “thousands of crashes, hundreds of deaths,” a claim the National Law Journal’s Amanda Bronstad relays without skeptical comment.

March 5 roundup

  • Trial lawyer TV: mistranslation, plaintiff’s experts were instrumental in “Anderson Cooper 360” CNN story trying to keep sudden-acceleration theory alive [Corp Counsel, Toyota, PDF, background]
  • “Can I get a form to file a police complaint?” No. No, you can’t [Balko]
  • Madison County lawyer runs for judgeship [MCRecord; earlier on her columnist-suing past]
  • RIP Dan Popeo, founder and head of Washington Legal Foundation [Mark Tapscott, Examiner]
  • Louisiana: “Church Ordered to Stop Giving Away Free Water” [Todd Starnes, Fox via Amy Alkon]
  • Developer of “Joustin’ Beaver” game files for declaratory judgment against singer Justin Bieber’s trademark, publicity claims [THR, Esq.]
  • “Why are Indian reservations so poor?” [John Koppisch, Forbes] “Payday loans head to the Indian reservations” [Katherine Mangu-Ward, Reason] Tribal recognition: high-stakes D.C. game where lobbyists get the house rake-off [Chris Edwards, Cato]

A baffling award for ABC’s Toyota scaremongering

John Cook at Gawker wants to know how a coveted Edward R. Murrow prize could just have been bestowed on the Toyota-panic reporting of ABC’s Brian Ross (“America’s Wrongest Reporter”), given that it showcased staged, fakey footage, relied heavily on the assertions of a safety consultant whose plaintiff’s-side involvement in the controversy went unmentioned, and omitted details that would have raised readers’ doubts on key themes, among many other sins. Later investigations, of course, decisively refuted the lawyer-stoked fears that Toyotas have some mysterious tendency to accelerate out of control. More: Ted Frank and Hans Bader, and my take on the sad history of media irresponsibility on car-safety scares.