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FOR IMMEDIATE
RELEASE
Fla. Tire Suit Back in State Court
MIAMI (AP) - Consumers with recalled Bridgestone/Firestone Inc. tires have won a fight to move a lawsuit from federal court back to state court.
Firestone had fought in Miami to stay in federal court and argued this week before a panel of federal judges in Washington to consolidate all cases before a single federal judge.
"Firestone has not carried its burden" to prove the Miami case should be heard in federal court, U.S. District Judge Paul Huck wrote in rejecting federal jurisdiction.
Firestone spokeswoman Jill Bratina said the decision is procedural and does not address the substance of the case. "We think it's unfortunate the case won't be coordinated in federal court with the hundreds of others, which we believe is in the best interests of everyone involved," she said.
By deciding the issue, Huck also rejected Firestone's request to wait for a decision by the panel of senior federal judges determining the future track of more than 200 recall-related lawsuits already in federal courts across the land. Firestone has been trying to get as many as possible before a federal judge in Illinois.
Huck's order, sent to attorneys Thursday, at a minimum will drive up the company's legal expenses by keeping its attorneys busy in more than one court.
Multiple cases also mean company executives likely will be deposed more than once, leaving them open to plaintiffs' questions about inconsistencies. Different juries often reach different conclusions, and decisions on damages vary greatly from case to case.
Federal courts are considered less friendly than state courts to class-action cases like the one Oppenheim is pursuing on behalf of Florida owners of recalled tires, most of which were installed on Ford Explorers.
The lawsuit seeks damages plus a voucher system letting consumers replace recalled tires at Firestone's expense up front without waiting for reimbursement, as is now required.
Bratina
said the recall is more than two-thirds compIeted.
About
46 deaths, 500 injuries and 3,500 complaints of tread separations,
blowouts and other problems blamed on Firestone tires have been
reported to federal officials.
# # #
Oppenheim
is a partner in the firm, along with his wife Ellen Pilelsky.
Oppenheim & Pilelsky, the oldest law firm in Weston, is a general
practice concentrating in real estate, litigation and consumer
related matters. The firm is suing Firestone Tire & Rubber Company
on behalf of all Florida residents who have been subject to the
recall of defective tires. The law firm of Oppenheim & Pilelsky
is located at: 1290 Weston Road, Suite 300, Weston, FL 33326 (954)
384-6114.
/Contact:
Todd Templin or Christine Manna at Boardroom Communications, 954-370-8999,
for Oppenheim & Pilelsky.
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