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While attempts to reopen federal product liability suits against Toyota Motor Sales U.S.A. in the Eastern District of Texas have essentially stopped, a plaintiff is charging ahead in a similar state court case with the help of a recent appellate court ruling.

In its Jan. 20 mandamus opinion in In Re: Toyota Motor Corp. and Toyota Motor Sales U.S.A., Waco, Texas’ 10th Court of Appeals ruled that plaintiff Pennie Fay Green can proceed with discovery in her attempt to obtain a contempt order and sanctions against the automaker. Green filed her motion after a former Toyota in-house lawyer filed a complaint that includes discovery-abuse allegations against two Toyota entities, allegations Toyota denies.

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