Northbrook, IL
Lemon law Lawyer at Northbrook, IL
Practice Areas: Lemon Law, Appeals
OUTCOME: Consumer prevails before Illinois Appellate Court
Trial court's dismissal of consumer's claims under Magnuson-Moss Warranty, because consumer no longer had his vehicle and could not participate in informal dispute resolution, was reversed on appeal.
OUTCOME: Consumer Prevails Before Illinois Supreme Court
Illinois Supreme Court reinstates consumer's breach of warranty action brought pursuant to the federal Magnuson-Moss Warranty Act that was dismissed at the trial court level on statute of limitations ... grounds. The Illinois Supreme Court concluded that the statute of limitations for a breach of warranty could not begin to toll until there was at least a failure on the part of the warrantor to comply with its obligations to repair and that the period to bring suit extended for 4 years thereafter.
OUTCOME: Consumer Prevails Before Florida Supreme Court
Florida Supreme Court in a unanimous (7-0) decision finds that leased automobiles are covered by the Magnuson-Moss Warranty Act.
OUTCOME: Consumer prevails before Illinois Appellate Court
Entry of summary judgment against consumer reversed on appeal. Appellate Court holds that consumer's sale of subject vehicle under Magnuson-Moss Warranty Act did not bar the consumer's claim for damag ... es.
OUTCOME: Consumer Prevails Before Illinois Supreme Court
Illinois Supreme Court holds that Hyundai’s disclaimer of consequential damages, i.e., aggravation and inconvenience and loss of use, was unconscionable thus allowing a consumer access to these damages ... despite the fine print in Hyundai’s warranty which disclaimed them. The Court also held that Ms. Razor, a layperson, should have been allowed to testify to the value of her own automobile in order to establish her diminished value damages at the time she originally purchased her automobile pursuant to her claim for breach of warranty under the Magnuson-Moss Warranty Act.
OUTCOME: Consumer Prevails Before Wisconsin Supreme Court
In a unanimous (7-0) decision, the Wisconsin Supreme Court finds that vehicles are covered by the Magnuson-Moss Warranty Act in contravention to a New York high court decision from 2002, DiCintio v. Da ... imlerChrysler Corp., 97 N.Y.2d 463, 742 N.Y.S.2d 182, 768 N.E.2d 1121 (2002). The Court noted that the reasoning of the authorities relied upon by Mr. Cohen, mainly other cases in which he had prevailed on this same issue, was more congruent with the plain meaning of the pertinent provisions of the Magnuson-Moss Warranty Act than the analysis employed by the New York high court in DiCintio. The Court’s decision reversed a previous trial court order dismissing Ms. Peterson’s action.
OUTCOME: Consumer Prevails Before Missouri Court of Appeals
Trial court order dismissing consumer's claim for breach of warranty based upon statute of limitation grounds reversed on appeal
OUTCOME: Consumer Prevails Before Indiana Supreme Court
Indiana Supreme Court in a unanimous (5-0) decision abolishes the doctrine of privity of contract, a direct buyer-seller relationship, as a requirement for suing a car manufacturer regarding the mercha ... ntability or fitness of an automobile pursuant to the Magnuson-Moss Warranty Act. Whereas prior to this decision a consumer could only pursue a merchantability claim against a car dealer, presuming that the dealer had not disclaimed the claim in the fine print of the purchase documents, the door was now open to pursue these claims against manufacturers and distributors of consumer products. Further, the Court’s opinion reinstated Ms. Goodin’s favorable jury verdict and reversed the Appellate Court for taking away the verdict.
OUTCOME: Consumer Prevails Before Wisconsin Supreme Court
Wisconsin Supreme Court in a unanimous (7-0) decision allows a consumer’s claim to proceed for breach of warranty pursuant to the Magnuson-Moss Warranty Act despite the fact that the consumer had trade ... d-in the subject vehicle for more money than it was worth at the time of trade. The Wisconsin Supreme Court determined that for a breach of warranty action, damages are measured at the time and place of acceptance, i.e., when originally sold as “new” as opposed to at some later moment in time. The Court also concluded that layperson testimony from the owner of a vehicle may form the basis of establishing diminished value damages irrespective of the amount received on trade. The Court’s decision reversed a previous trial court order dismissing Ms. Mayberry’s action.
OUTCOME: Consumer prevails before Georgia Court of Appeals
Trial court's dismissal of consumer's claims under Magnuson-Moss Warranty Act for allegedly not participating in informal dispute resolution in good faith reversed on appeal.