Omid Ghaffari-Tabrizi's Legal Cases (2)

Lemon law

Fox v. Porsche Cars North America, Inc., 279 Fed. Appx. 748 (US 11th COA 2008)

Jan 07, 2009

OUTCOME: Amicable Settlement

While working at Cousins Law Firm, PA, Omid Ghaffari-Tabrizi was involved in this case, which was the largest non-RV related Lemon Law refund in Florida. The case went from the Lemon Law arbitration, t ... o state court, before finally being moved to federal court. When Omid joined the case, the main issue remaining was a constitutional question - was the federal court required to follow a Florida case (Gelinas) that provided the precedent required to award Mr. Fox his attorney's fees and costs after winning his Lemon Law case? Using the principles established by the Erie doctrine, Omid and the team he was working with were able to convince the Court that the Florida case provided the legal basis for an award of attorney's fees. Before Porsche was able to appeal the decision or ask for the Court to reconsider its order, the case was settled amicably between the parties.

Lemon law

Gelinas v. Forest River, 931 So. 2d 970 (Fla. 4th DCA 2006), review denied, 954 So. 2d 27 (Fla. 2007)

N/A

OUTCOME: Victory for Mr. Gelinas

In what was one of the oldest cases remaining at Cousins Law Firm, PA when Omid joined, Gelinas was an interesting case in that it was a potentially precedent setting case. The issue brought to the Cou ... rt in this case was whether a Florida Consumer who was victorious in a Lemon Law arbitration was entitled to recover their attorney's fees. After a number of appeals back and forth, the Judge ruled in the favor of Mr. Gelinas and award him the attorney's fees and costs he had paid to the team Omid was a part of. The case is being challenged by decisions in other Districts, but thus far, it stands as the law in the jurisdictions covered by the 4th DCA.

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