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: Law Blog - WSJ.comToyota Cases Headed to Disneyland!
By Ashby Jones
Well, it’s not exactly Disneyland, but it’s not far. About seven miles separate the amusement park from the U.S. courthouse in Santa Ana, where federal judge James V. Selna hangs his hat.
Over the next several months, however, Selna’s courtroom is about to become anything but the Happiest Place on Earth. A panel of judges has selected Selna to hear the growing body of litigation against Toyota for the sudden acceleration incidents in its vehicles. Click here for the WSJ story from the Journal’s law-n-Toyota expert Dionne Searcey.
“He is a well-regarded and skilled jurist,” the panel said in its ruling “Moreover, Judge Selna’s 28 years of private law practice at the very highest levels and in some of the most complex cases leaves him well prepared for a case of this magnitude.”
The panel’s ruling followed heated recent hearings over where the cases should be collectively heard. Toyota as well as several plaintiffs’ attorneys, argued the cases should be heard in the Central District, close to Toyota’s U.S. headquarters in Torrance, Calif. Click here, here and here for recent posts about the hearings.
“Toyota maintains its United States corporate headquarters within this district, and relevant documents and witnesses are likely located there. Far more actions are pending there than in any other district,” the panel said in its ruling.
Toyota has recalled more than 8 million vehicles worldwide in recent weeks. The suits blame Toyota’s problems for everything from lowering the value of consumers’ Toyota vehicles to causing deaths and serious injuries. Roughly 80 suits seek class-action status. The panel had contemplated how to handle the personal injury and wrongful death suits and decided Friday they should be sent to Judge Selna along with the other suits.
Judge Selna will select a committee of a handful of plaintiffs’ lawyers to take the lead from among the more than 100 attorneys vying for the top spots.
And who, pray tell, is this Judge Selna? The Stanford Law grad is a 2003 Bush appointee with a history of making some “Solomon-like decisions.”
Among his most notable decisions is one in which he found a California high school teacher to have violated part of the First Amendment that prohibits the state from sponsoring religion. The teacher had referred to creationism as “religious, superstitious nonsense” during a fall 2007 classroom lecture.
But at the same time Judge Selna also found the school not liable for the teacher's actions. He then later found the teacher not financially liable for his actions under a qualified immunity defense. Both sides are appealing the case.
Full post as published by Law Blog - WSJ.com on April 09, 2010 (boomark / email).
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