Toyota Subpoenas Vocal Critic, Asks For Communication With The Huffington Post

Sean Kane, president of Safety Research and Strategies, testified in front of Congress about Toyota's sudden acceleration recalls.

Toyota Motor Corp. has subpoenaed emails and other communication between one of its most vocal critics and three news outlets, including The Huffington Post, looking for anything related to sudden acceleration lawsuits filed against the company.

The automaker filed three broad subpoenas against Sean Kane and his two companies: Vehicle Safety Information Resource Center (VSIRC) and Safety Research and Strategies. The automaker wants Kane to hand over communications with his clients about Toyota's sudden acceleration. Many of these clients are attorneys suing Toyota, and the subpoenas also cover communication with Congress, NASA, the National Highway Traffic Safety Administration, The Huffington Post, ABC and CNN. The company is additionally requesting all communications from Toyota drivers who contacted Kane, and college professors who have safety expertise.

Kane is one of two Toyota critics the automaker apparently sought to discredit in 2010, when it was facing public scrutiny over its sudden unintended acceleration recalls. According to the Washington Post, Toyota hired a polling firm to figure out how to repair its image with the public, and found that debunking Kane would help convince "opinion elites" that the automaker did not have electronic problems with its accelerator pedals.

Kane declined to comment for this article.

Toyota spokesman Brian Lyons said the subpoena is a routine part of the litigation process. "Mr. Kane's allegations about unintended acceleration in Toyota vehicles have never had any credible scientific basis, and have been thoroughly debunked by exhaustive NHTSA and NASA studies," Lyons said. "The subpoena seeks documents related to the investigation of these allegations."

In the 62-page subpoena, Toyota asks for communication dating back to 2001, eight years before its sudden acceleration recalls occurred. Kane began blogging about Toyota's sudden acceleration problems in 2009, when it resulted in a widespread recall.

The subpoenas are "clearly an effort to chill Sean Kane's work and Safety Research's work on sudden acceleration," said Clarence Ditlow, executive director of the Center For Automotive Safety in Washington, who has been subpoenaed himself several times by dealers or automakers for various safety issues he's worked on. It's a move corporations use "in order to chill free speech rights and prevent (safety groups) from advocating for safety. It's just a flat-out heavy-handed approach."

Toyota is facing nearly 200 lawsuits, which go to trial starting in early 2013, over claims that its vehicles accelerated out of control, killing or injuring drivers or passengers. The pretrial work on the cases has been consolidated into one court, the U.S. District Court, Central District of California. Judge James Selna has granted Toyota's request for confidentiality during the pretrial work, so related documents are not public.

Lyons said CNN, ABC and The Huffington Post were named in the subpoena "based on the volume of stories by these news agencies in which Sean Kane was relied on as a source of supposedly reliable information."

Kane has advocated for transparency in the way NHTSA has dealt with Toyota, Lyons said, so "we would expect that Mr. Kane and the plaintiff's lawyers supporting him would welcome this subpoena as an opportunity to share the full scope of Mr. Kane's research and communications surrounding this matter."

The Huffington Post and CNN this year relied on anonymous sources who have provided internal Toyota documents for stories. A Toyota spokesman said in a Huffington Post column that he believes the stories are being planted by plaintiff's attorneys.

ABC ran afoul of the automaker when it aired a controversial segment which sought to demonstrate an electrical flaw that could cause sudden acceleration. It showed Dave Gilbert, of Southern Illinois University's auto technology department, manipulating the wiring in a Toyota to demonstrate the conditions that could cause sudden acceleration. Toyota shot back, saying Gilbert cut wires to make his point. Kane's communications with Gilbert are also requested in the subpoena.

In 1995, Philip Morris used subpoenas in an attempt to unearth sources from ABC News by targeting companies and sources ABC dealt with. At ABC's request, a judge ruled against Philip Morris, quashing the subpoena.

Toyota's sudden acceleration troubles became public in late 2009, when the automaker recalled Camry and Prius models, citing evidence that floor mats were getting stuck under the gas pedal, causing acceleration. In early 2010, Toyota issued a second recall, saying some gas pedals could stick, continuing to add gas to the engine even after a driver took their foot off the pedal.

Both recalls resulted in a firestorm of media coverage and a $16 million fine from NHTSA, and prompted Congress to call Toyota's top executives to Washington to explain what went wrong. The automaker recalled about 8 million cars for both problems.

In January, The Huffington Post wrote about an internal Toyota email written just before the Congressional hearings from a top executive, who encouraged other executives to be truthful. He said the company had colored the truth during the public furor over its sudden acceleration recalls.

The Huffington Post also took a look at underlying electronic issues that could have caused Toyota's sudden acceleration problems, an issue called tin whiskers. The automaker has argued there is nothing wrong with its electronics, a claim backed by a federal investigation from the NHTSA and NASA that purportedly cleared Toyota's electronics.

CNN followed up in March, claiming the automaker withheld documents from the government during its investigation of the company. Those documents could show the automaker knows it has problems with its electronics, CNN said. The company denies there is anything wrong with its electronic systems.

Comments

[Angela Sirnik]

01:10 PM on 04/12/2012

Sorry to Toyota. When Toyota went before Congress, they lied. They knew about their sudden acceleration problem back in 1992 when my husband Stanley Sirnik was killed in a new Toyota 4-runner SUV. The vehicle suddenly accelerated in West Virginia. There were engineers who worked on the case. Toyota was well aware in 1992---

[Galaxie]

09:30 AM on 04/12/2012

Why doesn't Toyota and Honda just make a good product? They seem to be failing big time!

http://wot.motortrend.com/nhtsa-says-honda-tops-u-s-recalls-in-2011-gm-lowest-in-decades-156897.html

[MSROADKILL612]

01:17 AM on 04/11/2012

Not very Civic of them. It makes me fonda of honda

[hearthammer]

04:55 AM on 04/11/2012

LOL! Excellent!

F&F

[Galaxie]

09:28 AM on 04/12/2012

FYI.... Honda was number one in recalls!

http://wot.motortrend.com/nhtsa-says-honda-tops-u-s-recalls-in-2011-gm-lowest-in-decades-156897.html

[ElCojonuo]

11:30 PM on 04/10/2012

Fools are still buyin' them.
A sucker born every minute and two to take him.

[hifigeek]

09:43 PM on 04/10/2012

I'd rather drive a Swedish Brick from the bygone age of Volvo than any other car in the world. They aren't as good on gas as Japanese or Domestic cars but they have an inline four cylinder engine that a home mechanic can work on with little fuss...

Ford is awful. They do not change or innovate. If you want the same cookie cutter technology over and over again get a ford.

The only modern cars worth an engineering continental are the VW diesels...Proper maintenance will offer 200k with ease. Of course I raise a toast for the good old Suzuki engines... the 3 cylinder geo metro engine...what a slow but gas sipping wonder.

[MSROADKILL612]

01:30 AM on 04/11/2012

A good post.

I hear good things about the old volvos too. They can fly on twisty dirt lanes too.

here in oz, when engines die its a lot to rebuild. but they do conversions to commodore engines which i thing is a buic v6 thing

The fly in the ointment w/ vw is reliability & repair costs. I also hate FWD.

on paper - a dsg vw diesel is a killer product. all that torque equates to a 10 speed box vs petrol. But they fail & its $10k for a new one here.

Have long admired the 3rd world minimalism of suzuki & the notion of a 3 cylinder too. vw are heading that way too.

fanned

[rich3324]

11:02 PM on 04/11/2012

I'll take my Fords any day.

[FRANKOK]

07:40 PM on 04/10/2012

Per Toyota: Studies by the National Academies of Science and the National Highway Traffic Safety Administration that found no evidence of any electronic causes of sudden-acceleration incidents.

Yes no high speed UA proof found but low speed incidents no doubt - no way do drivers use the wrong pedal in Toyota's but not others such as GM's that have much, much lower incidence of UA per vehicle sold (Ford had many due to cruise control issues).
From last page in:
http://onlinepubs.trb.org/onlinepubs/UA/030311Kirsch.pdf
"NASA detailed analysis and testing did not find evidence that malfunctions in electronic throttle control caused large unintended accelerations, as described by some consumer reports.
NASA found a way that the electronic throttle control can fail, that combined with driver input, can cause the throttle to jump to 15 degrees open, but consumer reports of this condition is very low and it leaves evidence of occurrence.
NASA found ways that the electronic throttle control can fail that results in small throttle openings up to 5 degrees."

PS - I am not a Toyota owner or plaintiff

[Hillbilly49]

06:16 PM on 04/10/2012

Toyota has been dishonest with their customers in selling defective products; do yourself a favor and buy a FORD.

[leftcoastindy]

08:33 PM on 04/10/2012

Ha!

As the over 20 years owner of 12 toyota products, I will need proof of that assertion, so of course I am glad this is going to trial.

[Hillbilly49]

09:27 PM on 04/10/2012

Ford F-150: Best-selling Vehicle in America and the world. Again.

[Hillbilly49]

09:16 AM on 04/11/2012

Toyota is going down hill; they use to make a better vehicle.

[Galaxie]

09:31 AM on 04/12/2012

Also, Honda is just as crappy as a toyota!

http://wot.motortrend.com/nhtsa-says-honda-tops-u-s-recalls-in-2011-gm-lowest-in-decades-156897.html

[JohnSawyer]

05:26 PM on 04/10/2012

I'm not sure how Toyota could expect to somehow turn public opinion against Kane or anyone else by subpoenaing them. If that's Toyota's plan, then the public will just see Toyota as being even worse than they already do, whether or not Toyota has a genuine case in their favor. I think the polling firm that Toyota hired, owes Toyota their money back. And the people at Toyota who believed that firm, should probably be fired.

[leftcoastindy]

08:36 PM on 04/10/2012

Its going to trial next year. Subpoena's were a must for Toyota. If Toyota can win some trials it can severly damage Kanes rep. Maybe thats a big if.

[danusgram]

04:33 PM on 04/10/2012

awww the methods of the Japanese and their cover ups we already are now finding out about the nuclear plant that will eventually cause Japan to be uninhabitable!

[Moxo]

03:57 PM on 04/10/2012

Surely a smart adman for Detroit can use this to sell Toyota buyers on buying American!

[COEXIST1]

03:27 PM on 04/10/2012

Toyota's are structurally deficient, and they cannot build a aluminum V8 engine that is free of piston slap.
They need to ask Detroit how to build a large trucks and V8 engines.

[Boobuzuela]

07:07 PM on 04/10/2012

Sure, cause all of Detroit's V-8s are cast iron

[Galaxie]

09:35 AM on 04/12/2012

Not true...

[leftcoastindy]

08:38 PM on 04/10/2012

Ive driven a few Lexus's

You can hear a fly spit in that car. Definitely nothing bein slapped.

[Galaxie]

09:38 AM on 04/12/2012

My 1966 Ford Galaxie I also could hear a fly spit.. Have you driven a new Cadillac or Lincoln?

[DCmykl]

02:47 PM on 04/10/2012

U.S. regulators have tracked more deaths in vehicles made by Ford Motor Co., Chrysler Group LLC and other companies combined than by Toyota Motor Corp.

http://www.bloomberg.com/apps/news?pid=newsarchive&sid=avQgmSFrg58A

[champions1]

05:13 PM on 04/10/2012

Nobody believe's you.....

[DorkDude00]

07:47 PM on 04/10/2012

Honda and Toyota led ALL automakers for vehicles recalled last year. Consumer Reports new darling Subaru, who makes far fewer vehicles than GM had 20 percent more recalls than GM. The Japanese have done a great job manipulating the media and public opinion in their favor. If you throw in the conservative media making it fashionable to bash American auto companies it comes as no surprise that there are blind followers like you pushing the Japanese views. Read this report. Bet you won't have the backbone to comment on it:

http://wheels.blogs.nytimes.com/2012/01/06/with-3-9-million-vehicles-honda-leads-all-automakers-in-recalls-for-2011/

[COEXIST1]

02:46 PM on 04/10/2012

Watch this story go away like the last one about the last recall Toyota had.
Toyota is has been producing extremely flawed vehicles since 2007, they are a very deceitful company.

[Galaxie]

09:41 AM on 04/12/2012

Honda isn't any better...

http://wot.motortrend.com/nhtsa-says-honda-tops-u-s-recalls-in-2011-gm-lowest-in-decades-156897.html

[docketeer09]

10:48 PM on 12/26/2012

soooooo true.

[DCmykl]

02:35 PM on 04/10/2012

Here's why all of a sudden the Detroit Dogs have been sent out barking again about "nasty Toyota." From the news wires:


"Toyota Motor Corp.'s (TM, 7203.TO) U.S. auto sales jumped 15% in March as Prius sales hit an all-time high and Camry cruised.

"Car-shopping website Edmunds.com had projected Toyota would post 22% growth. Broadly, Edmunds projected new-auto sales for March to climb 17% from a year earlier and 26% from February.

"Disruption of the supply of parts as a result of flooding in Thailand hit Japan's big three auto makers just when they were ramping up production to compensate for lost time after the March 2011 earthquake and tsunami. However, Toyota has reported monthly year-over-year sales gains since November.

"Toyota reported it sold 203,282 vehicles in the U.S. last month, up from 176,222 a year earlier and 28% above February's total.

"Total car sales were up 22% from a year earlier while total truck sales increased 5.7%. Sport-utility vehicle sales rose 7% year-over-year while pickup sales advanced 20%.

"Toyota dealers had their best-selling month outside of Cash for Clunkers since the prerecession days of August 2008," said Jeff Bracken, vice president of Toyota division sales."

[Richard58]

04:08 PM on 04/10/2012

So, your idea of good news is when Asian automakers have sales gains?

[B-Dog]

04:41 PM on 04/10/2012

Toyota is a global Co. just like GM and the likes. Let's not forget they all build cars here in the US. Jobs at all levels of production, sales and service.

[leftcoastindy]

08:41 PM on 04/10/2012

No I think he was shooting for 'truth', not 'good news'

[danusgram]

04:34 PM on 04/10/2012

I WILL GO WITH AMERICA..you patriot!

[yukonsam]

02:01 PM on 04/10/2012

I was considering a Prius for my next car, but if they're sending their sharks after news organizations, fuggitaboutit. I'm not giving them my money to intimidate their critics.