The Truth About Cars » Dimitrios Biller The Truth About Cars is dedicated to providing candid, unbiased automobile reviews and the latest in auto industry news. Mon, 28 Jul 2014 21:27:46 +0000 en-US hourly 1 The Truth About Cars is dedicated to providing candid, unbiased automobile reviews and the latest in auto industry news. The Truth About Cars no The Truth About Cars (The Truth About Cars) 2006-2009 The Truth About Cars The Truth About Cars is dedicated to providing candid, unbiased automobile reviews and the latest in auto industry news. The Truth About Cars » Dimitrios Biller Former Toyota Attorney Cleared To Present Documents Which “Indicate A Systematic Disregard For The Law” Tue, 14 Sep 2010 19:36:56 +0000

In the second bit of bad news for Toyota to break today, Corporate Counsel reports that former Toyota lawyer Dimitrios Biller has been cleared by an arbitrator to present evidence that Toyota claimed was protected by attorney-client privilege. That evidence reportedly proves that Toyota concealed safety information, although its value has been hotly debated. The evidence will be presented in Biller’s civil RICO suit against Toyota now that the arbitrator in that case has ruled that hey are not protected by attorney-client privilege. Biller tells CC

Attorney-client privileged information almost never gets to the finder of fact to determine the merits of the case. I am halfway there. The burden is now on Toyota to prove me wrong

But for full context, a retired federal judge clarifies that

The Arbitrator does not rule that a crime or a fraud has taken place. The ruling is simply that a prima facia showing has been made, so otherwise-privileged materials may be used in discovery and arbitration.

Toyota’s lawyers responded to the ruling as well, saying

the arbitrator applied a very low standard, and he specifically noted that this preliminary motion was only to decide whether certain evidence is usable at the final hearing and was not an opportunity for Toyota to present a full contest of Mr. Biller’s allegations, although we were prepared to do so. We are confident that Toyota will be vindicated once we have the opportunity to fully contest the allegations, and all evidence is considered, at the final hearing.

Like today’s earlier Toyota story, this ruling doesn’t prove that Toyota did anything wrong per se, but it certainly keeps the negative news about the Japanese automaker rolling along. With Toyota’s stock taking a beating though, the little bits of bad news have a way of adding up.

]]> 9
Biller Secret Toyota Documents “Published Material”; Pissing Match Breaks Out In Congress Fri, 05 Mar 2010 20:31:04 +0000

Instead of solving the truly pressing needs of the land, Republicans and Democrats are publicly squabbling over the relevance and veracity of the Biller “smoking gun” documents that claim to prove that Toyota hid safety problems. U.S. Rep. Edolphus Towns, D-N.Y., chairman of the House Oversight and Government Reform Committee, sent a letter on Feb. 26 to Yoshimi Inaba, president and chief executive officer of Toyota Motor North America Inc., that said the documents provided “evidence that Toyota deliberately withheld relevant electronic records that it was legally required to produce” in lawsuits. Towns went on to say that  the documents “shed some light on Toyota’s handling of the sudden unintended acceleration problem” and “indicate a systematic disregard for the law. Not so, says U.S. Rep. Darrell Issa, R-California. And he has a smoking gun of his own:

In a response dated March 2, Issa wrote that Towns’ conclusions were based on “conjecture and altered quotations” and that Towns’ letter “frequently misquotes and mischaracterizes” the documents. From a article:

Issa cited Dallas plaintiffs attorney Todd Tracy, who reopened 17 personal injury cases based on Biller’s claims but voluntarily dismissed them after reviewing the documents. Tracy said that they failed to reveal any “concealment, destruction, or pattern of discovery abuse…In a telephone interview on Thursday, Tracy told The National Law Journal that Issa’s characterization was correct. One box contained 15 copies of the same deposition, Tracy said. Another contained research about bringing a wrongful termination suit. Tracey found 50 copies of Biller’s resume and e-mails that Biller wrote to colleagues, but no replies. “These were supposed to be the hottest documents in the history of jurisprudence, the way they were portrayed,” Tracy said. “The material was published material. Give me a break.”

In many years of litigating against Toyota, Tracy said, he never had any trouble securing discovery material. “I never had any trouble getting it at all,” Tracy said.

Towns had his comeback:  “Mr. Issa’s comments do not address the central issue — has Toyota been illegally withholding documents for years. We need to continue cutting through the smokescreen put up by Toyota and keep our eyes on the ball.”  Leave it to a congressman to use the word “smokescreen” with meaning.

]]> 14
Congress Backs Away From Biller Tue, 02 Mar 2010 15:03:42 +0000

Yesterday I asked our Best and Brightest if congress should hear testimony from former Toyota lawyer Dimitrios Biller. The lack of unqualified endorsements mirrored my own skepticism about the testimony of a guy who has sued Toyota several times, and today it seems that congress may just agree. When the House Oversight Committee wrote Toyota’s Yoshimi Inaba asking for a response to Biller’s accusations, it attached several of Biller’s apparently damning documents to its letter [PDF of original letter and attached Biller documents here]. But, as the Detroit News reports, the letter has been reposted without the attached Biller documents after Toyota claimed they violated attorney-client privilege (the alleged internal memos all have non-disclosure requests attached). Senate hearings on the Toyota recall have just started, and are available at

]]> 4