Honda Wants Takata Airbag Class Action Dismissed over Discovery

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Last week, in a class action alleging defects cause explosions in Takata airbags in some Honda automobiles, the car company argued to dismiss the multidistrict litigation because they claim the plaintiff refuses to comply with discovery.

Plaintiff Michael Byrne alleged in his class action lawsuit that Takata and Honda violated racketeering and consumer protection statutes. The lawsuit claims that Takata and Honda violated these statutes when they failed to inform consumers and concealed alleged defects in Takata airbags, including that the airbags contain ammonium nitrate that can potentially explode in humid weather. The plaintiff further states that the defect could potentially lead to deaths when the airbags burst and shoot chemicals or shrapnel at drivers and/or passengers.

The airbags were recalled by Takata and Honda, and later by Toyota and Nissan in June of this year. Over 25 million vehicles are affected by the recall of Takata airbags word wide. Takata and Honda have settled claims in lawsuits related to six deaths that allegedly involve the defective airbags. The class action claims that Takata and Honda knew of the defect for more than 10 years, but actively concealed it from consumers.

The class action lawsuit was consolidated into an MDL in Florida federal court. The class action survived motions to trim claims and motions for summary judgment, including motions to trim claims for economic loss and racketeering. The plaintiff seeks to represent a Class of over 24 million affected by the allegedly defective Takata airbags.

According to Honda’s recent motion, the plaintiff in the class action has “failed to answer or object” to Honda’s requests for discovery in these early stages of the case.

“Byrne’s refusal to comply with this court’s discovery order has caused, and continues to cause, prejudice to American Honda,” claimed Honda. “This written discovery was served nearly a year ago, yet Byrne has ignored not only those requests, but also American Honda’s motion to compel, the special master’s [January] report and recommendation and this court’s clear order that Byrne respond to the pending discovery ‘without further delay.’”

Honda argued that because the plaintiff has not answered requests related to discovery, Byrne’s claims for personal injury should be trimmed from the class action lawsuit.

U.S. District Court Judge Federico A. Moreno commented that he did not want this case to turn into a “slow grind” and set a deadline for documentary discovery at June 6. Even if Byrne’s personal injury claims were dismissed from the class action, Honda and a number of other major auto manufacturing companies, along with Takata, could still face a Class of potentially 24 million or more members.

The plaintiff is represented by Peter Prieto, Aaron S. Podhurst, Stephen F. Rosenthal, Alissa Del Riego, John Gravante and Matthew P. Weinshall of Podhurst & Orseck PA.

The Takata Airbag Defect Class Action Lawsuit is In Re: Takata Airbag Products Liability Litigation, Case No. 1:15-md-02599, in the U.S. District Court for the Southern District of Florida.

UPDATE: On Sept. 21, 2016, several claims against Toyota were dismissed from a class action lawsuit involving Takata airbags that have prompted the recall of around 64 million vehicles in the United States.

UPDATE 2: On April 7, 2020, Top Class Actions viewers started receiving checks in the mail from the Takata airbags class action settlement worth as much as $400. Congratulations to everyone who filed a claim and got PAID!