ABBEY SPANIER RODD & ABRAMS, LLP ANNOUNCES VICTORY IN TOYOTA'S ATTEMP TO OBTAIN EARLY DISMISSAL IN RECALL ACTION

New York, New York, September 14, 2011 – A district court judge in the central district of California recently rejected Toyota Motor Corporation’s effort to obtain an early dismissal of plaintiffs’ claims alleging that Toyota was aware of a dangerous defect in the braking system of model year 2010 Prius and Lexus HS 250h vehicles long before it was announced to the public.

 As plaintiffs state in the First Consolidated Class Action Complaint, Toyota marketed these vehicles as “safe” and continued to sell and lease them until February 2010 when the company announced a nationwide recall to repair a defective braking system on these vehicles. However, plaintiffs allege that Toyota knew about the defect soon after they rolled off the factory floor in July 2009, some eight months prior to announcing the recall.

 Toyota moved to dismiss plaintiffs’ claims arguing that its voluntary recall made plaintiffs whole and mooted their claims, that the Nation Highway Traffic Safety Administration (NHTSA) should have jurisdiction over the matter and that plaintiffs’ claims are not suitable for treatment as a class action, among other reasons.

The Court’s September 12, 2011 order denied Toyota’s motion in its entirety.

Abbey Spanier Rodd & Abrams, LLP, representing plaintiffs as co-lead counsel in this matter, is a nationally recognized law firm specializing in large, complex litigation in the fields of securities, mergers and acquisitions, corporate governance, consumer protection, unfair employment practices and antitrust. The firm has litigated thousands of cases in both state and federal courts throughout the United States. Since the 1960s, Abbey Spanier has been committed to litigating with the highest level of excellence and integrity and has earned an excellent reputation for effective and efficient legal representation.

Click here to view the Court’s order.

Jill Abrams, Esq.
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Jeremy Nash, Esq.
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