Update: Judge Selna heard arguments on his tentative order during an afternoon hearing on April 23. Steve Berman, managing partner of Seattle’s Hagens Berman Sobol Shapiro, co-lead counsel in the consolidated class action, argued that Toyota’s line of reasoning would have plaintiffs “drive a ticking time bomb and wait till it explodes” before they bring a case. “I’m disappointed with the tentative,” he said later. “This is kind of a unique case where you have thousands of crashes, hundreds of deaths.” Toyota spokeswoman Celeste Migliore issued a statement following the hearing: “We believe the law is clear – plaintiffs from New York and Florida who continue to operate their vehicles and do not allege to have experienced unintended acceleration or incurred an economic loss have no legally recognizable claims against Toyota under these states’ laws.” A federal judge has tentatively dismissed the economic damages claims of consumers in Florida and New York against Toyota Motor Corp. in the litigation over sudden acceleration by Toyota vehicles, on the ground that they hadn’t actually experienced the problem.
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