Personal Injury Law

Secrets of Product Defects Remain Hidden When Court?s Sanction Unnecessary Confidentiality

By Larry Coben

For decades, motor vehicle manufacturers have vehemently sought court protection against the disclosure of their internal company studies, tests and conclusions about the safety of their products. These manufacturers always claim that when materials are produced in a lawsuit they must be stamped and treated as 'confidential' so that their competitors cannot obtain this information and use it to their detriment. This claim is bogus. Anytime General Motors or Daimler Benz wants to know how Toyota designs a Camry it can buy as many of those cars as they want to and take them apart and analyze piece by piece in as many ways as the best CSI could do. No, the reason for 'confidentiality' is to make it more difficult for the lawyers representing the victims of product defect to get their hands on pertinent data. Now, in yet another chapter of Toyota's corporate treachery, this international conglomerate has obtained sanctions against 'one of its own' to the tune of $2.5 Million Dollars.

Dimitrios P. Biller, former in-house counsel to Toyota, accused Toyota of several nasty things, including hiding and destroying evidence regarding rollover accidents—pertinent to lawsuits against his employer, who had formally denied the existence of this information. In litigation brought against Biller by Toyota, a court has agreed that Biller inappropriately disclosed to the media, in public seminars, on his personal Website, and to a court in Texas internal company documents related to their defense of lawsuits and possible defect information. Having made this finding, the court has sanctioned Mr. Biller $2.6 Million Dollars and required the return of this secret information.

So, let me see if we understand what has happened here? Biller worked as a lawyer for Toyota and defended his company in product liability suits. Biller uncovered company documents implicating Toyota in these cases. Biller settled these cases without disclosing this information. Biller left Toyota and with a 'heavy heart' he decided to make these secrets available to the public. But, despite the laws existent all over the United States to protect Whistle Blowers from legal harm, a court has sanctioned this man $2.6 Million Dollars. Wow, this is really scary! What about the victims?

Full post as published by Phoenix Personal Injury Lawyer on February 01, 2011 (boomark / email).