#legal

Should you be afraid of towing in a new Ford Explorer? Though the newly-unibody Explorer is rated for up to 5,000 pounds, Jack Baruth noted in his review that

My experience pulling my race car on an open trailer with my Flex indicates that the D4 chassis is more than up to the job, but that the transmission just feels delicate. Serious towing with a sideways gearbox frightens me, and it should frighten you, too.

And though you might well share Jack’s nervousness about towing in a new Explorer, the law of the land says it’s safe pulling up to 5,000 pounds. Even so, Consumer Reports found out the hard way that not everyone believes in the Explorer as a safe, effective towing machine. Namely the equipment rental company U-Haul appears to have some kind of problem with the Explorer, as CR’s Eric Evarts explains

I called U-Haul to see about renting their largest, 6×12-foot open trailer to drag the mulch home. “Come on down! $29.95 for the day,” the friendly attendant said.

Eager to finish that day and save $18 by delivering the mulch myself, I trundled off to the local U-Haul lot. As the workers started to fill out the paperwork inside, their faces went ashen the second I said, “Explorer.”

“Sorry, we won’t let any equipment out behind an Explorer,” they said, and began putting away their pencils.

Huh?

A lawsuit against Mazda is moving to the United States Supreme Court, reports Bloomberg, challenging whether automakers should have been required to install shoulder belts in all of its seats prior to current regulations requiring the improved belting systems took effect in 2007. The case centers on a 2002 accident in which Than Williams was killed when a Jeep Wrangler hit her family’s 1993 Mazda MPV. The Williams MPV had only lap belts because shoulder belts weren’t required by federal law until 2007. A California court has already barred the lawsuit from coming forward, arguing that federal regulations supersede any local rulings, and that then-legal seatbelts should protect manufacturers from personal injury liability. However a recent case casts some doubt on the precedents in the Mazda case…

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.