Toyota Says Investors Fail to State Securities Claim in Acceleration Suit
Toyota Motor Corp., accused by investors accusing the carmaker of misleading them by not disclosing acceleration-related defects that it allegedly knew about, asked a judge to dismiss a securities-fraud lawsuit.
Toyota said in a filing yesterday in federal court in Los Angeles that the shareholders’ case fails to state a claim under U.S. securities law, Bloomberg reported. The statements cited by the plaintiffs as misleading are puffery or “highly generalized statements about the quality and safety of Toyota vehicles” that aren’t relied on by the securities markets, the company said.
“This class action is an attempt by plaintiffs to mutate product liability, consumer and automotive industry regulatory claims into securities fraud,” Toyota said in the filing.
With other allegedly false and misleading statements cited by the investors, the complaint doesn’t identify the people who made them and doesn’t cite any facts to support that those people knew the statements were false or misleading, as is required under U.S. securities law, the carmaker said.
The shareholders, led by the Maryland State Retirement and Pension System, said in their Oct. 4 consolidated complaint that internal documents show the Toyota City, Japan-based company deliberately concealed unintended sudden acceleration problems in the U.S. They said the company knew about the defects as early as 2000 and “stonewalled” regulators to avoid recalls.
Toyota’s recalls related to sudden acceleration defects erased $30 billion in market capitalization, the investors said. The Maryland pension fund seeks to represent investors who bought Toyota’s American depositary receipts from May 10, 2005, to Feb. 2, 2010.
The fund also wants to represent investors who bought the carmaker’s common stock in domestic transactions during that period as well as, through claims made under Japanese law, all investors who bought the common stock during that time, according to the complaint.
Toyota said in yesterday’s filing that the U.S. court doesn’t have jurisdiction over claims brought under Japan’s Financial Instruments and Exchange Act. The carmaker said the plaintiffs added the Japanese law claims “to make an end-run around” a U.S. Supreme Court decision last year that prevents investors from suing under U.S. law for securities traded on foreign exchanges.
Gerald Silk, a lawyer representing the Maryland pension fund, didn’t immediately return a call seeking comment after regular business hours.
Toyota’s American depositary receipts, each representing two common shares, fell 64 cents to $83.36 in New York Stock Exchange composite trading yesterday.
The case is In re Toyota Motor Corp. Securities Litigation, 10-00922, U.S. District Court, Central District of California (Los Angeles.)
More Industry

RV Group Expands Carolina Footprint
Blue Compass RV Columbia Northeast is the 13th RV dealership owned by Blue Compass in the Carolinas.
Read More →
Agent Acumen
An Agent Summit panel of people who’ve been supporting auto dealers for years gave both timely and timeless advice for those starting out or mulling the prospect.
Read More →
Missed Maintenance Creates Opportunity
As families get back on the road and into daily school routines, service drives have an opportunity to capture customers who are behind on recommended vehicle maintenance.
Read More →
Mitsubishi Unveils U.S. Plan
The automaker announced a strategy that includes an expanded lineup and dealership presence, along with more ‘rugged’ and electric models.
Read More →
Selling to Grow
The question of whether you should sell your agency and if so, when, is up to you. But it’s a question worth asking to ensure you keep the business on the right path for yourself, employees and clients.
Read More →
Recalled Vehicles Hit 5-Year High
Though the number of events has fallen so far this year, impacted units are up significantly. Meanwhile, regulators consider consumer notification changes.
Read More →
Auto Group Acquires Top-Performing Rooftop
Car Pros sold its Kia Huntington Beach location to Sutherlin Automotive Group, marking the buyer’s third location in Southern California.
Read More →
China as Pacesetter
Automotive leaders huddled on where North America stands in the global picture and how it can strengthen its position against the Asian juggernaut’s surging industry.
Read More →
BMW Concept Car Makes Fuel to Burn
The prototype developed in concert with a South Carolina university engineering team generates more solar energy than it uses in a typical daily commute.
Read More →
South Carolina Auto Group Downsizes
Florida-based group Holler-Classic has acquired four rooftops, its first in South Carolina, from Dick Smith Automotive Group.
Read More →