agent Entrepreneur logo
MenuMENU
SearchSEARCH

Toyota Wins Right to Pursue Appeal in Sudden Acceleration Suits

November 17, 2011
2 min to read


Toyota Motor Corp. won approval to proceed with its appeal of a judge’s ruling that allowed plaintiffs who hadn’t had problems with sudden unintended acceleration of their vehicles to seek economic damages for the alleged defect.


The U.S. Court of Appeals in San Francisco, in a Nov. 15 order, granted Toyota permission to appeal the decision by the federal judge who oversees the consolidated lawsuits that were brought against the carmaker following a series of recalls starting in 2009, according to Bloomberg.

Ad Loading...


U.S. District Judge James V. Selna in Santa Ana, California, said in July that Toyota could immediately challenge part of his May decision rejecting the company’s bid to dismiss the suits. Toyota could seek to appeal his ruling granting “standing,” or the right to sue, to certain vehicle owners, Selna said.


The appeal would focus on the issue “of whether each plaintiff must allege that he or she has experienced a manifestation of the product’s alleged defect in order to allege that he or she suffered an injury,” Selna said at the time. “An immediate appeal” of the standing ruling “will materially advance the ultimate termination of this litigation,” he said.


The Toyota owners contend the company drove down the value of their vehicles by failing to disclose or fix defects related to sudden acceleration. Selna said in May that car owners who hadn’t experienced incidents had met pleading standards to claim losses.


Celeste Migliore, a spokeswoman for Toyota Motor Sales USA in Torrance, California, said in an e-mailed statement that the carmaker looked forward to presenting its arguments to the U.S. Court of Appeals.


“We firmly believe that individuals whose Toyota vehicles have operated every day without incident do not have standing under the U.S. Constitution to seek money damages from Toyota in federal court,” she said. “This common sense proposition is backed by extensive case law.”

Ad Loading...


Steve Berman, a lawyer for the plaintiffs, didn’t immediately return a call to his office yesterday seeking comment on the ruling.


The cases are combined as In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices and Products Liability Litigation, 8:10-ml-02151, U.S. District Court, Central District of California (Santa Ana).


The appellate case is Certain Economic Loss Plaintiffs v. Toyota, 11-80187, U.S. Court of Appeal for the Ninth Circuit (San Francisco).

More Industry

Group photo of men outside storefront.
Industryby Hannah MitchellMay 28, 2026

Pennsylvania Dealership Under New Retailers

The sale of the Chrysler Dodge Jeep Ram store puts a family auto group on a leaner path as first-time dealers take the helm.

Read More →
Hallway with lockered wiring and computer
Industryby Lauren LawrenceMay 28, 2026

Battery Storage Takes Priority Over EVs

U.S. automakers are prioritizing battery energy stationary storage over electric-vehicle production as the consumer demand for EVs lags the rest of the world.

Read More →
Gray-scale photo of a line of Mini cars in a dealership parking lot
Industryby Hannah MitchellMay 27, 2026

Auto Dealers Feel Better But Not Great

A second-quarter Cox Automotive poll of franchised retailers and independents found better views of the current market after a good spring but anticipation of third-quarter storminess.

Read More →
Ad Loading...
Closeup photo of the front of a white car
Industryby Hannah MitchellMay 21, 2026

New-Vehicle Sales Picture Relative

A May forecast is complicated by last spring’s trade tariff effects on auto retail. Despite continued hard realities, many consumers took advantage of ways to bite the bullet.

Read More →
Nissan logo on front of building
Industryby Lauren LawrenceMay 21, 2026

Auto Group Acquires Third Nissan Rooftop

Iowa-based Coleman Automotive Group recently acquired its seventh dealership, McGrath Nissan, which it renamed Nissan of Elgin.

Read More →
Couple talking with auto salesman next to new car inside dealership
Industryby Hannah MitchellMay 20, 2026

April Less Affordable

Based on prices, reduced incentives and slower household income growth, consumers found it more challenging to buy new last month, Cox Automotive reported.

Read More →
Ad Loading...
Wooden people figures of different colors in a row, similar to board game pieces
IndustryMay 20, 2026

Building an Extraordinary F&I Agency

Work to determine your specialized talent, because that fact will determine everything about your agency’s future.

Read More →
Ingredient card, policies and procedures, fixed operations, variable operations, data security, audit
Industryby Jim GantherMay 19, 2026

Recipe for Compliance

The secret to both amazing barbecue and compliance is the same: understanding the basics and committing to a process.

Read More →
Photo of new Chevrolet Bolt parked on a beach
Industryby Hannah MitchellMay 14, 2026

EVs Getting More Attractive

A growing percentage of U.S. consumers are open to switching and fewer are adverse to the idea, according to a recently completed survey. That’s despite the end of a tax break.

Read More →
Ad Loading...
Benchmark bar graph showing April 2026 EV Sales
Industryby Lauren LawrenceMay 14, 2026

EV Sales Drop in April Following Surge

North American electric-vehicle sales were down 28% year-over-year, a sharp contrast from global EV sales growth of 6%.

Read More →