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Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.

Toyota says no one wants a Toyota electric car

It's no secret that Toyota doesn't really have a heart in pushing pure electric vehicles. The very limited Scion iQ EV project was killed before it went very far and the RAV4 EV project with Tesla was always only meant to produce just 2,600 units, but it didn't even get that far. In short, by all public appearances, Toyota just doesn't see the value of a pure EV. "No one is coming to our door asking us to build a new electric car." – Toyota's Craig Scott Toyota's public reasoning for the lack of a Prius C EV, for example, has often been that customers don't want to compromise on range and that hydrogen is a better bet. Company executives like Bob Carter say so over and over again. A new comment by Craig Scott, Toyota's national manager of advanced technologies, says that the Japanese automaker, give a slightly different spin on things. "Toyota actually favors fuel cells over other zero-emission vehicles, like pure battery electric vehicles," he told the Los Angeles Times. "We would like to be still selling cars when there's no more gas. And no one is coming to our door asking us to build a new electric car." This, understandably, has riled up a lot of EV supporters, many of whom have called on all automakers to sell more electric vehicles. After all, if Nissan can sell around 3,000 EVs a month in the US, couldn't Toyota do something similar? Are there thousands of people coming to the door asking for the fuel cell sedan that Toyota will start selling in the US next year? That answer is unclear, but it certainly doesn't look like Toyota is backing off its H2 bet any time soon.

Toyota sudden acceleration class action may cover 22 million owners

A total of 22.6 million current and former Toyota owners have been sent notices that they may be eligible to receive compensation from the automaker for damages related to the unintended acceleration fiasco that has dominated headlines in 2009 and 2010. The total payout may be as high as $1.63 billion, according to The Detroit News.
Steve Berman, a lawyer for the owners, calls the potential deal "a landmark, if not a record, settlement in automobile defects class action litigation in the United States." Still, there's some debate about whether or not Toyota's proposed settlement is fair, as it includes $30 million for safety research and driver education programs - in other words, Toyota seems to be suggesting that drivers need more education on how to drive their correctly working and fully functional vehicles. For those keeping track, Toyota would also be paying lawyer fees of $200 million.
A US District Judge in California is scheduled to hold a so-called "fairness hearing" on June 14 that could decide the fate of this particular settlement. Further courtroom wrangling will be required to hash out any wrongful death suits levied against Toyota stemming from unintended acceleration claims, as those are not part of this class-action suit.