Florida Airbag Cases Survive Motion to Dismiss

Libby Vish, Esq. | VP, Business Development


On Tuesday, September 20, 2022, in the Takata Airbag Product Liability Litigation, U.S. District Judge Federico A. Moreno of the Southern District of Florida issued an order granting in part and denying in part motions to dismiss.

The judge denied Defendants’ motions to dismiss for lack of personal jurisdiction with respect to the Florida Consumer Plaintiffs. The judge did grant Defendants’ motion to dismiss for lack of personal jurisdiction with respect to the non-Florida direct-file Consumer Plaintiffs.

The cases stem from the 2014 filings alleging defective airbags were manufactured by Takata Corp. The airbags were recalled worldwide and linked to 19 deaths in the U.S. Takata filed for bankruptcy in 2017.

Defendants in this action include FCA US, General Motors, Mercedes-Benz, Volkswagen and Audi.

The case is Dunn et al. v. Takata Corp. et al., case number 1:14-cv-24009, and the MDL is In re: Takata Airbag Products Liability Litigation, case number 1:15-md-02599, both in the U.S. District Court for the Southern District of Florida.

The class is represented by Peter Prieto, Aaron S. Podhurst, Stephen F. Rosenthal, John Gravante III, Matthew P. Weinshall and Alissa Del Riego of Podhurst Orseck PA, with parts of the suit being handled by Boies Schiller Flexner LLP, Colson Hicks Eidson, Power Rogers LLP, Lieff Cabraser Heimann & Bernstein LLP, Carella Byrne Cecchi Olstein Brody & Agnello PC, and Baron & Budd PC.

Volkswagen and Audi are represented by Gerald E. Greenberg and Adam M. Schachter of Gelber Schachter & Greenberg PA, and Robert J. Giuffra Jr., Suhana S. Han, Christopher J. Dunne and Tasha N. Thompson of Sullivan & Cromwell LLP.

FCA US LLC is represented by Scott M. Sarason of Rumberger Kirk and Caldwell PA.

Mercedes-Benz USA is represented by Angela D. Daker and Raoul G. Cantero of White & Case LLP, and Troy M. Yoshino and Eric Knapp of Squire Patton Boggs LLP.

General Motors Co., General Motors Holdings LLC and General Motors LLC are represented by Renee D. Smith of Kirkland & Ellis LLP and Laurie M. Riley of Jones Walker LLP.

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