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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.

Recharge Wrap-up: Minnesota first to require biodiesel, maglev in Israel, Toyota FCV in Aspen

A new Minnesota law that requires biodiesel blends goes into effect in just a few days, says KELO. Diesel drivers in Minnesota will be pumping soybeans into their tank beginning July 1. Every year, diesel will be sold as a B10 blend (ten percent biofuel) from April through August, and will scale back to a cold-hardy B5 blend from September through March. The biofuel largely comes from soybean crops grown within Minnesota, and the biodiesel industry pumps more than $900 million into the state economy every year. According to the National Biodiesel Board, using the B10 and B5 blends will reduce greenhouse gas emissions by 1,342,000,000 pounds every year. Minnesota is the first state to require diesel to be sold as a biofuel blend. In Japan, Isuzu Motors and Japanese biotech venture Euglena are teaming up to create biodiesel using algae, according to Bloomberg Businessweek. The goal is to create a new type of fuel that doesn't need to be mixed with light oil to be used in engines. "As long as we use light oil for diesel engines, emissions of carbon dioxide are inevitable," says Isuzu president Susumu Hosoi. Euglena has also been using algae to develop jet fuel with airline operator ANA Holdings. Isuzu and Euglena hope to have the new biodiesel developed by 2018. Aerial maglev transportation is coming to the campus of a defense contractor in Tel Aviv, Israel, Wired reports. The SkyTran personal rapid transit system uses small pods on an elevated magnetic track to move people from place to place. The pilot program will see SkyTran come to the corporate campus of Israel Aerospace Industries as soon as next year. The pods are hailed by phone, and carry passengers along the magnetic rail system at speeds of up to 44 miles per hour. The passive magnetic system levitates the pod attachment a centimeter above the rails, while a burst of electricity propels the pod forward. If the test at the campus goes well, SkyTran could spread to Tel Aviv at large, moving up to 12,000 people per track per hour with top speeds of 150 mph. The pre-production prototype of the Toyota FCV will make its North American debut at the 2014 Aspen Ideas Festival on Friday, June 27. The hydrogen car's finished exterior was revealed in Japan on Wednesday along with its nearly $70,000 price tag. It will go on sale in Japan by April of next year, and will come to Europe and California in the summer of 2015.

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.