Judge Won't Compel Arbitration In Toyota Brake MDL

Law360, New York (December 13, 2011, 7:38 PM EST) -- A California federal judge on Tuesday denied Toyota Motor Corp.'s attempt to compel arbitration of several plaintiffs' consumer protection law claims in multidistrict litigation over allegedly defective braking systems in certain Toyota and Lexus hybrid vehicles.

“Even if Toyota had any right to arbitrate any of plaintiffs’ claims, Toyota waived that right by actively litigating and defending against those claims in federal court for almost two years,” U.S. District Judge Cormac J. Carney said.

Several plaintiffs sued Toyota in February 2010, alleging the antilock braking system...
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