Several months ago problems with the Toyota Camry started appearing in the news. Runaway car sightings were claimed. Dealerships were swamped with safety questions. Now, a former insider at Toyota has talked about what the company knew. But an arbitrator recently said he can't share any of his documents.

The Whistleblower and His Statements

Dimitrios Biller was a top level in-house attorney at Toyota for four years. When the carmaker's safety defects surfaced, Biller came forward with information from his years there. Biller said he has four boxes of documents Toyota refused to turn over to lawyers who sued Toyota for various product defects. Biller says the company intentionally defied court orders to turn over those documents.

Some state and federal laws protect "whistleblowers." A whistleblower is someone claiming their employer or superior committed some dishonest, unethical or criminal conduct. The accounting firm scandals over the past several years have included facts that surfaced thanks to whistleblowers coming forward.

However, be cautious about going public with confidential company information if you aren't sure whether any wrongdoing has occurred. The whistleblower statutes don't protect you if you haven't made a reasonable inquiry about the accuracy of the claims.

The California Suits between Biller and Toyota

Biller filed suit against Toyota, claiming the company "engaged in improper and illegal activities, including concealing and destroying evidence, perjury, violation of court orders, obstructing justice, mail fraud, wire fraud and conspiracy to commit crimes."

Toyota, in turn, sued Biller claiming he violated his employment agreement at the time he left the company by disclosing company information.

Now, the lawsuits are in arbitration. This means a neutral third-party decision-maker is overseeing progress for awhile. The arbitrator is a former judge, and recently ordered Biller not to release Toyota's internal documents to the press or to anyone else.

Some might think Biller would be upset by that ruling. However, he says he's overjoyed because the arbitrator refused to force him to return the documents to Toyota as the company wanted. The arbitrator said his order will keep things stable until the case goes to a hearing.

The Texas Suit for Injuries

In 2006, a woman settled her Texas injury suit with Toyota. She became a quadriplegic when her Camry rolled over. She was 17 at the time of the accident, and she claimed her injuries occurred because the roof of the Camry didn't adequately protect her. Because of Biller's statements, the Texas appeals court decided the woman can seek penalties against Toyota.

The novel twist is that Biller himself may become a key player in the Texas case. The injured woman's lawyer wants to take Biller's deposition, which is a question-and-answer session. He'll likely ask about the documents Biller knew that Toyota did or didn't have at the time of the settlement.

Toyota claims Biller shouldn't be questioned, as the confidentiality of attorney-client relationship would be at stake. Biller says if he isn't allowed to give deposition testimony, he hopes he can tell his story at a Congressional hearing. Biller says that Toyota "operates with total disregard of our laws and legal system. Toyota calls Biller's remarks "inaccurate and misleading" that they "strongly dispute."

Questions for Your Attorney

  • I was injured in a Toyota crash. Will Biller's information help me win a case against the company?
  • Will Toyota have to go before Congress again and testify about these accusations?