Last week, the Honorable Federico A. Moreno of the Federal District Court,
Southern District of Florida, denied various Motions to Dismiss made by
numerous automotive manufacturing defendants, as well as Takata Corporation,
in the largest automotive recall/class action case in history.
On October 23, 2015, an all-day hearing was conducted before Judge Moreno
in the Southern District of Florida in which he heard arguments from manufacturing
defendants (see attached caption), as well as Takata Corporation, seeking
dismissal of the consolidated complaints on behalf of all owners of effected
vehicles. It is contended in the complaints that, amongst other things,
the various manufacturers conspired to conceal the defect of faulty and
dangerous airbags in over 19,000,000 vehicles nationwide.
It is contended in the case and found to have been adequately pled by the
court that over a period of more than 10 years, various manufacturers,
during that time, became aware of concerns regarding the explosive potential
of Takata’s airbags within their vehicles, and failed to reveal
this to consumers/owners and took affirmative steps to avoid discovery
of this safety hazard.
These claims, as well as others, were found to have been sufficiently pled,
and the case will now move on through the discovery process before Judge Moreno.
Todd A. Smith, founding partner of Power Rogers & Smith is co-lead counsel.