Dimitrios Biller will be able to introduce documents in his arbitration against his former employer, Toyota Motor Sales, U.S.A. Inc., that the company had claimed were privileged. And if that news were not bad enough for the car manufacturer, a plaintiff’s lawyer in Texas said he thinks the ruling may influence the judge in his case to allow the same documents into his contempt proceeding.
Mr. Biller, who worked for Toyota from 2003 to 2007, was its national managing counsel in charge of defending litigation brought in rollover accidents. He sued Toyota in federal court in Los Angeles last year over the circumstances of his dismissal, and also accuses the company of obstructing justice and violating civil racketeering laws by concealing and destroying evidence it was obliged to produce to plaintiffs (NYLJ, Sept. 3, 2009). He is asking that the company be enjoined from enforcing the confidentiality clause that was part of his 2007 severance agreement, and that it pays damages for allegedly harassing him and forcing him to resign.
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