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Judge allows class-action lawsuits against Honda, automakers

Millions of plaintiffs in 2014 brought a class-action lawsuit in against Takata and Honda, and the airbag manufacturer and carmaker petitioned to have the case thrown out. A US District Judge in Miami ruled against the companies on December 3, allowing the case to proceed. The case in question, Craig Dunn et al vs. Takata Corporation et al, is thought to be the first class action filed in the ongoing airbag imbroglio. Other cases have been filed, but on behalf of individuals. Takata and Honda are named defendants in the case, but the 453-page suit is also aimed at BMW, Ford, Mazda, Nissan, and Subaru. The plaintiffs claim violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act specifically by Takata and Honda, alleging that those two companies conspired to hide information about airbag inflators that could rupture and spray shrapnel around a car's cockpit. Honda said Takata hid information from it and ceased doing business with the airbag company, while a recent Wall Street Journal review of documents indicated that Takata changed testing information to suppress actual results from Honda. The class-action suit charges violations of the Magnuson-Moss Warranty Act, too. Meanwhile, Takata has strengthened its legal team with the addition of Lanny Breuer, a partner at Covington & Burling LLP. Breuer was a US assistant attorney general from 2009 to 2013, heading the criminal division. Honda has been dealing with individual cases out of court, with litigation in cases of five out of six US deaths settled for undisclosed sums.

April 2014: The ramping-up-for-summer edition

Americans appear to be gearing up for further increases in US gas prices, as green-car sales last month had their largest year-over-year gains of 2014. Domestic customers bought almost 56,000 hybrids, plug-ins and diesels in April, marking a 2.6 percent increase from April 2013. Plug-in sales were particularly strong, jumping 41 percent from a year earlier, as sales of the Chevrolet Volt extended-range plug-in and Nissan Leaf and Tesla Model S battery-electric vehicles all showed gains. April's big winner among the automakers was Honda, moving 1,442 units of its newer Accord Hybrid And April's big winner among the automakers was...Honda? Yes, Honda, which has long operated in the advanced-powertrain shadow of fellow Japanese automakers Toyota and Nissan, came up big by moving 1,442 units of its newer Accord Hybrid. And while sales of the Civic Hybrid, CR-Z and Insight all fell, the Accord Hybrid drove Honda to boost its green-car sales by 78 percent from a year earlier to 2,839 units. Per usual, Nissan and Tesla also showed year-over-year gains. Nissan boosted Leaf sales by 7.8 percent to 2,088 units. And while Tesla won't release its first-quarter results until May 7, the California-based automaker would've increased Model S sales by 34 percent to 2,300 just by maintaining its fourth-quarter 2013 sales pace. Volkswagen and low-volume advanced-powertrain vehicle makers like Audi, Porsche and Daimler AG's Smart division also fared well in April. VW increased its diesel and Jetta Hybrid sales by 25 percent to 9,583 units. Audi's diesel sales quadrupled to 2,088 units. Smart sold 203 units of its newer Smart ED battery-electric vehicle. Such gains more than offset sales declines from General Motors, Ford and Toyota, though Toyota's April was less painful than previous months. GM's big mild-hybrid sales declines more than offset the 19 percent increase in Chevy Volt sales to 1,548 units and the sales of 491 Chevrolet Cruze Diesel vehicles. All told, GM's green-car sales declined 25 percent to 3,103 units. Fusion Energi Plug-in Hybrid sales doubled and C-Max Energi PHEV sales jumped 28 percent. Ford's green-car sales were down 12 percent to 7,554 vehicles. While Fusion Energi Plug-in Hybrid sales doubled and C-Max Energi PHEV sales jumped 28 percent, Fusion Hybrid sales were little-changed while C-Max Hybrid sales tumbled 50 percent to 1,586 units.

Pedestrian deaths increase; cell-phone distractions may be culprit

In Philadelphia, city officials are running a public-safety campaign that implores road users to simply "Put. Phone. Down." In Florida, a similar advertisement reminds people, "Alert Today, Alive Tomorrow." What's unusual about these messages is that they target pedestrians. Amid widespread concern about distracted drivers on American roads, there's a growing body of research that suggests distracted walking is equally problematic. Pedestrians engrossed in their phone, text or Tinder conversations are stepping into intersections without so much as a glance at oncoming traffic. That may be one reason pedestrian deaths are increasing. They jumped 15 percent in a five-year period between 2009 and 2013, according to a study released this week by the Governors Highway Safety Association, with 4,735 killed in 2013. In the same time, overall traffic fatalities have fallen by 3.4 percent. Pedestrian deaths now comprise 14 percent of all traffic fatalities, and approximately one pedestrian death occurs every two hours in the United States. Alcohol is still a top culprit – it's involved in 49 percent of pedestrian deaths on either the part of driver or walker – but as cities rush to implement a wave of slower speed limits, wider sidewalks and street medians to counter pedestrian deaths, there's new focus on holding pedestrians accountable for eliminating distractions. "Undoubtedly, motorists are responsible for many pedestrian accidents," said a July newsletter from the National Motorists Association. "But pedestrians must also assume responsibility for their own safety." This week's report from the GHSA cites growing research that suggests pedestrians aren't yet doing their part. At 20 high-risk intersections, 26 percent of pedestrians wore headphones, 15 percent were texting and 13 percent talked on the phone, according to a 2013 University of Georgia study. More recently, a William Paterson University study issued earlier this year found more than 25 percent of New York City pedestrians were distracted by either their phones or headphones. Half of the pedestrians who crossed with a "Don't Walk" signal were distracted. "Getting smashed at the bar? Don't get smashed walking home." - Minnesota public-safety campaign.