MDL Judge Grants Toyota’s Request to Seek 9th Circuit Review of Standing of Certain Economic Loss Plaintiffs

July 20, 2011 -- Yesterday Judge James Selna certified Toyota’s request for interlocutory appeal to the 9th Circuit Court of Appeals regarding the standing of certain economic loss plaintiffs in federal multidistrict litigation (MDL). In response, the company issued the following statement:
“We are gratified that Judge Selna has allowed Toyota to seek consideration from the 9th Circuit Court of Appeals on whether certain plaintiffs have standing under the U.S. Constitution to sue Toyota and seek money damages in federal court when their vehicles have not manifested a defect and are owned and operated every day without incident.
“We stand by our common sense proposition, backed by extensive case law, that only drivers who allege they have experienced unintended acceleration in their Toyota or who have incurred an actual out-of-pocket financial loss because of an alleged defect should be allowed to pursue claims against the company in federal court.
“The fact remains that the vast majority of plaintiffs in this litigation do not claim to have experienced an unintended acceleration event or to have incurred an economic loss. We do not believe plaintiffs who continue to drive their vehicles each day without issue belong in this case.
“A decision by the 9th Circuit on these issues could significantly reduce the time, burden, and expense of litigating this case and, by potentially decreasing substantially the number of claims pending against Toyota, may help move the remaining cases forward more quickly.”