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ADVERTISEMENT ADVERTISEMENT Toyota Should Face Gas Tank Defect Suit, Judge Says Law360 (March 17, 2021, 4:15 PM EDT) A Texas magistrate judge recommended against dismissing a suit by Toyota buyers claiming the gas tanks in their hybrid vehicles couldn t be filled to capacity, saying their proposed class action complaint sufficiently alleges that they were harmed by the alleged defect. U.S. Magistrate Judge Roy S. Payne on Tuesday sided with the named plaintiffs, David Pulkrabek, Barbara Rainey, Andrew Schwab and Wesley and Whitney Dickman, on every count of the complaint, rejecting arguments from Toyota Motor Sales USA Inc. and Toyota Motor North America Inc. ....