Ex-Lawyer: Toyota Willfully Deceptive

There are two sides to this:

Newsroom : Toyota Update Regarding the Biller and Tracy Litigation / Toyota

Also,
Newsroom : Toyota Responds to Lawyer?s Lawsuit / Toyota

I have 'no dog in this fight' but Biller's actions suggest questionable, legal ethics. As an employee of Toyota, he had access to materials that he now seeks to exploit in his conflict with them. He may be a new "Ralph Nader" but I don't know the man well enough to make a judgment call one way or the other.

Bob Wilson

 

State Bar of CA :: Dimitrios P. Biller

Practicing since 1989 ... that was prior to "profesional responsibily" being bar testable. Even so ... from the most basic of "continuing education" principals that are taught ... attorneys are "supposed" to know you don't sell your 'clients' down the river ... even if you need business. That's why you never heard editorial comments from Johnny Chocran, about O.J. even after those times of noteriety.
I can't help but think if I had just made a statement 'contrary' to a prior client's interests, I'd be expecting the state bar to come knocking on my door ... or sending me an email. Oh, wait ... Mr. Biller's email isn't listed on the CA bar's web site ... again ... contrary to bar rules. Oh well, undoubtedy, someone will be setting him straight pretty soon. Not that it's related, but each time the CA bar journal comes to my mail box, I flip to the back pages to enjoy the "license suspended" disciplinary pages. Makes for unbelievable/good reading.



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I think he is meaningless unless a witness or email or document comes to light in his support.

 

Well, that would seem to be the reason for his RICO filing. If he manages to keep the RICO action alive, he gets to file document production demands and take depositions. As a former employee, he knows more than you or I would about what to ask and who to ask....

If I were Toyota, I would be putting every resource I could lay my hands on to bury his RICO action.

 

Then there's this. The coup de grace IMO..
Dallas Attorney Todd Tracy Dismisses Suit to Reopen Toyota Accident Cases

And there's this...
Former Toyota In-House Litigator May Face Disciplinary Action

and this:

 

Biller's RICO action would seem to still be the most problematic for Toyota. If he wins, there is a treble damages clause that could cause problems for even Toyota's deep pockets. Depending on what is found (if anything is found), something could get referred to the U.S. Dept. of Justice for criminal proceedings.

Biller is an attorney and as long as he is able to breathe and has access to a computer and printer, can file and re-file motions - very low cost of maintaining a litigation.

 

What is RICO?

 

Racketeer Influenced Corrupt Organizations Act. Originally developed to go after the mob, it has been used for a number of other efforts. Here is one article: RICO ACT, Jeff Grell, Racketeer Influenced and Corrupt Organizations, RICO, Attorney at Law - Civil RICO in a Nutshell Go to section 1962(c).

 

I don't want supression of any information.

If it can be determined that Toyota willfully and actively withheld information or failed to act in a timely manner and thus put customers safety at risk...then let that truth come to light.

But the accusation in of itself is not enough.

If Toyota in Japan has no respect for our laws, then I would point out that Toyota's are sold globally. Seems to me, in the case of The Prius, the same Prius were on the road in Japan as in The USA.

The fact that as a large corporation Toyota is secretive and doesn't think people outside of Toyota should know what is going on inside is what I would define as "business as normal" for most corporations.

If Toyota should of responded sooner, or faster, or better and did not, then the first sword stroke of blame should be on the NHTSA. They are the organization that is suppose to exist to maintain a level of national highway traffic and safety.

Seems like only the NHTSA can answer for how they feel Toyota has either cooperated, been forthcoming, or not.

I want the truth, good or bad. But I do not look forward to the period of agenda advancing and politics and back and forth accusation which will undoubtly keep the media at a froth.

Show me the e-mails. Show me the timeline. Bring me the truth. Everything else is just speculation and opinion and without knowledge of personal and/or corporate agenda it then becomes nothing but media flash.

I guess I also kind of believe the full truth will probably never emerge. At this level you are just going to get Sharks vs. Sharks. Fingerpointing and blame. It would take some type of "smoking gun" to break the upcoming stalemate of accusation and legal gamemenship that is likely to evolve. It's like Groundhog day...6 more weeks of turmoil for Toyota. Whether there is a darker shadow we should all be scared of seeing? Who knows?

 

I had read this before:

Mental conditions are a serious issue and should not be used for levity, false claims, or "cheap jokes" about Biller. It would be completely unfair to suggest that his dyslexia caused him to be confused about who he was working for. So don't do it!

Bob Wilson

 

There is no doubt it happened, just to what degree and for how long.

 

Thanks.

 

oh for crying out loud what a crock, that's just not true ... any more than you could subpoena Johnny Chocran's doc's made in anticipation of litigation. Every state's code of civil procedure lays down rules that set forth how you can't go fishing through your oponent's doc's created in anticipation of litigation. Sheez think it through ... how irrational that'd be ... you could never build a defense case.

If you only knew how many shysters have lost there license doing that very thing.

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That is why the RICO action should be the most worrisome for Toyota. If that dog gets running, there is no telling where it will run and how much it will stir up.

 

Maybe not the actual attorney work papers, but the original docs that were used in the preparation of attorney work papers would seem to be open to discovery. Are you arguing that every document touched by an attorney in a prior litigation is now privileged?

 

Making fun of a lawyers dates back atleast to Shakespeare:

"The first thing we do, let's kill all the lawyers." Henry VI
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The legal profession has enough troubles as it is. So let's not hear any more poking fun at Biller:

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Bob Wilson

 

In what perverted world of perceptions would you feel that an article from "PRWeb" is objective. Is it the same reason you felt that a citation from the CNS ("Conservative News Service") was an appropriate, objective source? (A "news service" that declares its colors in its name is *not* an unbiased citation.)

Counselor Biller may well not have a case, but it is not because a lawyer in Texas decided he didn't like the embargoed (Toyota claiming proprietary) documents that could not be released. Get it? This case is still full underway, and we will see the hard, crisp light of truth only when the Toyota Corporocracy loses its bid to keep them concealed.