Judicial Panel Announces Key Decision in Toyota Litigation

LOS ANGELES--Today, the Panel announced a major decision that will shape the future of the Toyota litigation. The Panel has decided the cases should be sent to the Central District of California for consolidated pretrial proceedings, making Los Angeles the epicenter of the claims against Toyota.

“Consolidation of these cases was unquestionably appropriate”

The Panel selected Judge James V. Selna to preside over the litigation and coordinate the important pretrial discovery.

Judge Selna is a 1970 graduate of Stanford Law School. Judge Selna was appointed by President George W. Bush to the United States District Court for the Central District of California on January 29, 2003. As the litigation proceeds, this jurist will make hundreds of important decisions including whether the cases should be certified as classes, whether there will be bellwether trials and key rulings on the admissibility of expert testimony.

"Consolidation of these cases was unquestionably appropriate," said Attorney Richard J. Arsenault, a veteran of many national complex litigation cases. He explained that the panel apparently concluded Judge Selna could competently shepherd the various pretrial proceedings in an exemplary fashion. The Court has substantial experience in managing complex litigation and, as such, it is not surprising this jurist and district was chosen.

Nearly two hundred suits have been filed in the Toyota Recall Litigation in both federal and state courts throughout the country. On March 25, 2010, in San Diego, the Judicial Panel on Multidistrict Litigation conducted a hearing and entertained arguments from some 25 different lawyers advocating 19 different potential jurisdictions to serve as the venue where the Toyota Litigation should be consolidated. Toyota, which has its U.S. headquarters based in Torrance, California, requested that the cases be sent and consolidated in the Central District of California.

Richard J. Arsenault has filed several lawsuits against Toyota in courts across the country. He recently co-chaired the national Toyota Recall Litigation Conference in San Diego, which attracted 150 attorneys seeking to learn more about the unique circumstances of the Toyota litigation. The conference was held on the eve of the Judicial Panel's hearing. Arsenault noted that “where these cases land often determines who will be in leadership to steer the litigation.�?? He noted “lawyers seek leadership roles because it helps them shape case strategy.�??

Another dynamic regarding the debate of which judge would get this case is, according to Arsenault, the fact that “different judges have different approaches to managing litigation. Their judicial approaches on motions to dismiss, summary judgments, and challenges to experts, for example, all have serious impacts on the course and direction of the litigation.�??

No doubt, there will be many challenging issues that will face Judge Selna. The good news, according to Arsenault, is that complex litigation always provides an opportunity for creative thinking and strategic coordination. Arsenault predicts that the Toyota litigation will be no different.