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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.

Honda underreported 1,729 claims of injuries or deaths since 2003

Among these underreported cases were eight Takata airbag inflator ruptures not submitted. Following an independent audit of its safety reporting procedures, Honda has found massive holes in its methodology and practices that resulted in 1,729 claims of injuries or deaths going unreported to federal authorities dating back to July 2003. The cases should have been submitted to the National Highway Traffic Safety Administration as part of its quarterly Early Warning Reports (EWRs) under the TREAD Act, but they fell through the cracks for a variety of reasons. Honda blames the underreporting on three factors: data entry errors, computer coding problems and "an overly narrow interpretation of what constituted a 'written notice' under the TREAD Act." The first two issues were related to the computer program that collected the claims. If employees didn't enter a date in the "written claim received" field, then they were omitted from the EWRs. Also, the company's internal component codes didn't always match those used by NHTSA, and only the ones that were the same were disclosed. Finally, third-party documents, including police reports, were not considered. Honda says the computer error is now corrected, and the company is updating its data entry training. In the future, written and oral claims will be included in EWRs, as well. Among these underreported cases were eight Takata airbag inflator ruptures not submitted in Honda's EWRs, including one death and seven injuries. However, the automaker claims NHTSA was already aware of all of these incidents either from the agency's own records or from the company's notification outside of the EWR process. Unfortunately, this problem could have been stopped much sooner. The issue was first brought to light in 2011 but didn't result in a followup. NHTSA advised the automaker of discrepancies in January 2012, and it still did nothing. This third-party audit wasn't commissioned until September 2014. "Honda acknowledges that it lacked the urgency needed to correct its problems on a timely basis," it says in the announcement. Separately, the Japanese government is starting an investigation, as well. According to Reuters, the Japanese Transport Minister has created a task force to look into the Takata recalls and find out whether Honda under-reported incidents there. Scroll down to read the company's entire statement on the third-party investigation.

Subcompact Crossover Comparo Roundtable | Autoblog Podcast #599

This week, we've got a special episode of the Autoblog Podcast, wherein you'll hear the extended version of the roundtable discussion from our Subcompact Crossover Comparison. In it, Editor-in-Chief Greg Migliore is joined by Consumer Editor Jeremy Korzeniewski, Senior Editor, Green, John Beltz Snyder and Associate Editor Joel Stocksdale. After extensive testing (and filming) in Northern Michigan, our editors break down what they liked and loathed about the Honda HR-V, Hyundai Kona, Jeep Renegade and Kia Soul. Grab a cup of coffee with us, and enjoy. Autoblog Podcast #599 Get The Podcast iTunes – Subscribe to the Autoblog Podcast in iTunes RSS – Add the Autoblog Podcast feed to your RSS aggregator MP3 – Download the MP3 directly Feedback Email – Podcast@Autoblog.com Review the show on iTunes Related Video: