Sep. 12, 2013
Thomas J. Nolan
See more on Thomas J. NolanSkadden, Arps, Slate, Meagher & Flom LLP & Affilliates | Los Angeles | Practice type: Litigation
Nolan, head of West Coast litigation at Skadden, negotiated a $1.6 billion settlement on behalf of Toyota Motor Corp. to pay car owners who suffered financial losses after reports of sudden acceleration.
The litigation concerned roughly 400 total individual and class action lawsuits in federal court. Drivers who sold their vehicles at a loss will receive $125 to $10,000, depending on the level of depreciation, according to the deal that received final approval from U.S. District Judge James V. Selna in July.
Nolan said he and his Skadden team worked closely with Toyota executives to prepare them for deposition.
"A key component of the settlement was that Toyota didn't admit liability," the former federal prosecutor said. "Toyota did not admit to the defect," which was an alleged software glitch in the automaker's electronic throttle control system. In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices and Products Liability Litigation, ML10-2151 (C.D. Cal., filed April 12, 2010).
Along with the settlement, Nolan was also able to reel in co-counsel Lisa Gilford from Alston & Bird LLP - another Daily Journal Top 100 honoree - to join Skadden's litigation team.
Some appeals are still pending in the 9th U.S. Circuit Court of Appeals.
Nolan also represented the car manufacturer in Houlf v. Toyota, which had been slated by Los Angeles County Superior Court Judge Anthony J. Mohr to be the bellwether case concerning economic loss resulting from alleged unintended acceleration to go to trial.
"It settled on the eve of trial after months and months of discovery," Nolan said. Toyota paid $5,000 in damages to the plaintiffs plus $10,000 in court costs, but did not have to compensate Michael Houlf, a retired Los Angeles police officer, for his attorney fees, according to Nolan. He added he was proud to assist Toyota in the "vigorous" defense of its products.
- OMAR SHAMOUT
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