Hertz False-Arrest Claimants Can Sue in State Court, Judge Rules
More than 60 people who have accused Hertz Corp. of having them wrongly arrested won the right to join a lawsuit against the company, dealing another blow to efforts by the rental car giant to keep the allegations bottled up in bankruptcy, Bloomberg News reported. Under a legal standard set by Bankruptcy Judge Mary Walrath, the customers can sue for false arrest instead of battling the company in bankruptcy court. With the latest court maneuvers, more than 120 people are actively suing Hertz outside of bankruptcy court, according to an emailed statement by victim advocates. About 320 people have come forward to accuse the company of having them falsely arrested, according to lawyers leading the lawsuits. Those renters claim Hertz routinely called the police on customers, sometimes over a payment dispute and in a few cases after the company lost track of a rental car. The company lost a key court battle in June when Judge Walrath allowed more than 70 customers to sue for false arrests. Until June, Hertz had successfully kept nearly all the false arrest claims locked inside its chapter 11 case, where juries are not allowed and where it’s difficult to win punitive damages against a corporation. As more claims move from bankruptcy jurisdiction to state courts, Hertz faces higher litigation costs and the prospect of big jury verdicts. The false arrest claims could cost Hertz hundreds of millions of dollars, according to advocates for those suing the company.
