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New Albany attorneys in hot water over Toyota lawsuit
by Patsy R. Brumfield/NEMS Daily Journal
24 months ago | 2910 views | 12 12 comments | 17 17 recommendations | email to a friend | print
NEW ALBANY – Longtime city attorney Robert “Bobby” Carter faces ouster after 15 years of service because he agreed to file a federal lawsuit against Toyota.

The automaker’s newest facility sits just a few miles southeast at Blue Springs, in Union County, awaiting the corporation’s production go-ahead in the midst of a global recession and a massive product recall.

“Toyota’s not as upset as we are,” New Albany Mayor Tim Kent said Friday about his Board of Aldermen’s five members, who’ve worked with Carter across two decades.

Carter was unavailable for comment Friday.

Monday night, aldermen will go into executive session to discuss whether Carter should keep his job with the city.

Kent says Toyota sees the lawsuit as “just business,” although the officials he talked with say they would have preferred its filing in south Mississippi instead of the Northern District, where the company eventually plans to make vehicles.

The suit

Wednesday, Carter filed the class-action lawsuit on behalf of Belva Simmons of Union County, who claims her 2007 Camry is one of thousands under the recall because of sudden acceleration problems.

She’s seeking damages for the loss of value of her vehicle and because, she claims, Toyota has known about its vehicle problems for years.

Carter has offered to withdraw from the lawsuit, which he filed in Mississippi for two Alabama law firms, Kent says.

“I don’t know if that will make a difference,” the mayor speculated. “He’s been a good city attorney. I’d hate to see it end like this.”

He said the employment decision was put off until Monday to give aldermen a little time to let emotions cool.

Carter’s law partner, Thad Mueller, is attorney for the Union County Board of Supervisors.

Mueller reportedly has caught flak about the lawsuit, although he apparently is not directly involved with it.

“I can tell you that I have not been fired by the Board of Supervisors,” he said in a Friday e-mail.

Although he declined to say whether the controversy has caused him to withdraw from the law firm, Sumners, Carter & Mueller, a well-informed local source, speaking on assurances his name wouldn’t be used, said Friday that Mueller has severed his ties with the firm.
Comments
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Lisa49
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February 13, 2010
"but please don't hold the existing tort justice system, and the lawyers that control it, as a model of integrity.

It just ain't so. "

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Then the citizens in this state have a serious problem on their hands. If we have a legal system that does not dispense justice then we do not have America or a country to believe in. I would say if American justice is not "just" then we will collapse.

squidly
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February 13, 2010
"It has nothing to do with chance. The legal system determines justice. If the case has no merit justice will prevail. It is the politicians that should not interfere with the legal process. Are you brainwashed so much that you want a tyrant to run your life?"

______________

What planet are you from?

The legal system is much less concerned with justice, than it is with victory.... tort lawyers being the worst offenders of them all.

And aren't most politicians lawyers? Go figure.

Tort attorneys rake in billions of dollars of year by claiming class action status for cases that have caused no harm to the vast majority of the plaintiffs. Look at the fees that the attorneys get in any class settlement. This is on top of how much they get per client.

I will agree with you that there is a place for lawsuits, but please don't hold the existing tort justice system, and the lawyers that control it, as a model of integrity.

It just ain't so.
WTFDude
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February 13, 2010
Let's correct some stuff first:

sandlot: This is not a "blog" it is a news article and what were're doing here is commenting on that story, not blogging.

dawgbone: This is not the "Mississippi legal system", the suit was filed in FEDERAL court.

jasonip: Toyota is not going to back out of the plant because of this lawsuit. If they back out, they'll do so because it doesn't make sense to build cars there based on the economic feasibility of doing so. Not because someone from New Albany sued them. Any judgement she may get is pocket change to a company such as Toyota and they set funds aside and have insurance to fund such lawsuits. Companies that size are constantly getting sued and as the Toyota spokesperson said it's "just business".

WoodStockSpider: See above comments for how Toyota views the filing of this suit by someone in New Albany. It's it's pretty much irrelevant to them.

As for why Ford and GM haven't located plants here, ask the UAW union that one. The reason that the foreign manufacturers locate in the south is for cheap, non-union labor, period. The foreign manufacturers are not bound by the union contracts that the domestic car makers are, thus they locate where there's the workers are least likely to form/join a union. It's all for their bottom line, not out of any sense of philanthropy for the regions where they locate.

As for the rest of your post, I wish I had your crystal ball and could foresee the future as you think you can. As for the schools, you think that $50M over 10 years is going to "vastly improve" the schools? Sure it's great to have that money, but it's not going to "vastly improve" the schools. Plus, that money is targeted at programs that will help train future workers for their plant.

As for the improved roads, there haven't been any road and bridge improvements that have been made that aren't a direct benefit for the plant. The roads/bridges built/upgraded are of very little benefit unless one is driving too the plant. Yet there are other roads and bridges in Pontotoc, Union, and Lee counties that are used by 1,000s daily that are in serious need of repair.

As for real estate values, I own property less than a mile from the plant and I'm not betting on any increase in my property values. Others have tried to capitalize on the plant by trying to get ridiculous prices for their property and that's only hurt people looking to buy a home or land in the area.

As for new businesses and restaurants, we'll have to see about that. But, if significant new development was planned, they'd probably be buying up that land and or starting construction already and I'm in New Albany a few times a week and I've heard/seen none. Or it may be that anyone looking to do significant development are waiting for people to come to their senses and realize that they're not going to get rich selling their property because of the plant.

Look at how long it took for the Georgetown, KY area to realize significant returns, more than 20 years. The Mississippi Development Authority itself says that it's going to take 26 years before the debt is paid off and there's true significant positive cash flow from the Toyota plant.

Bottom line here, is whether they do or don't build a car in Blue Springs, our politicians have sold out the people of NEMS, period.

Lisa49: I agree with most of what you said.

As for the lawsuit itself, I'm against frivilous lawsuits. Unfortunately in this case that's probably the only way that we're ever going to find out what's really wrong with these vehicles. Toyota has been denying this problem exists since the mid-90s! And I think that it's going to turn out to be an electrical/computer issue and not this floor mat and pedal sticking BS that they've been feeding us. Hopefully these lawsuits will help get to the real problem and force Toyota to actually fix it, rather than trying to get by with mechanical kludges and denials.

As for this lawsuit and it's affect on the attorney, I've written in the other story on that, but I'm sure he'll be okay regardless if he keeps his job as the New Albany city attorney or not. I'm sure he's not getting rich from being the New Albany city attorney!



sandlot1959
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February 13, 2010
You know, instead of calling these blogs, they should be called emoblogs...There is absolutely nothing wrong with the city of New Alabany expecting its city attorney to NOT make decisions that could be detrimental to the town itself. That is THEIR prerogative. His current action definitely comes in conflict with the city's best interests. If he desires to be involved with the lawsuit, thats his business. I think he knew that he might face being fired when he made this decision. I guess he went with the money...no big surprise there really...
Lisa49
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February 13, 2010
"The attorneys for the city and county that absolutely begged Toyota to expand to have now sued the company."

==========

They did not beg at the direction of the citizens request. They begged on behalf of those that will make money on deals without any labor expended. Perhaps the newspaper should investigate the public officials like the aldermen and families and document the deals in which they plan to make a profit on.

When Saturn came to Franklin TN along came street gangs, graffiti and crime. Now they have closed and left a big mess in their wake. Corporations are not concerned with the community. They only care about profiting from low cost labor as they brainwash or school children into being slaves for the corporation.
dawgbone
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February 13, 2010
Mississippi's legal system, OK
jasonlp
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February 13, 2010
Wonder if the tune will change with the folks in New Albany when Toyota backs out of the plant.
WoodstockSpider@yahoo.com
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February 13, 2010
To bayouhillbilly:

The attorneys for the city and county that absolutely begged Toyota to expand to have now sued the company. How many other lawyers could have filed that suit, instead? I'm certain that Toyota will now really look forward to working with the city and county, and particularly their lawyers, in the future. If you don't see a problem with this picture, then you need to go see Wesson and Mothershed or some other highly qualified optician.

By the way, you and others continually refer to Toyota as simply a jap company. If that is the case, then how many gigantic manufacturing plants do Ford and GMC have in the works for North Mississippi?

When Toyota is finally up and running, please make sure that you and your family members refrain from applying for a job at the factory or any of the suppliers; make sure that your kids don't attend the vastly improved schools; make sure that you don't drive on the improved roads and bridges in the area; make sure that you don't shop at any of the new businesses and restaurants that will surely locate here; and make sure that your real property values don't increase one single penny.

Lisa49
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February 13, 2010
"This isn't about Toyota. It's about people using lawsuits as a way of winning the lottery."

===========

It has nothing to do with chance. The legal system determines justice. If the case has no merit justice will prevail. It is the politicians that should not interfere with the legal process. Are you brainwashed so much that you want a tyrant to run your life?

Lisa49
|
February 13, 2010
This is blatant corporate interference in our political and legal system. Jobs are not worth the corruption and change in culture that this foreign company brings with it. No amount of money should be traded for American lives and freedom. In our system we have checks and balances to protect our citizens. If the two other branches of Government are not going the protect our rights we still have the court system. The voter is going to get rid of these corrupt politicians.
squidly
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February 13, 2010
This isn't about Toyota. It's about people using lawsuits as a way of winning the lottery.

You can find a lawyer to file a class action suit if a toaster doesn't make your bread crunchy enough.

bayoubilly
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February 13, 2010
When did Toyota start running our area. So if Toyota craps all over us we are not allowed to stop them. Last time I checked we lived in the USA not Japan. I am glad I don't live in New Albany, or should I say Little Japan....