Yaldo v. Toyota Motor Sales
Jan 01, 2014OUTCOME: Judgement Affirmed
The Michigan Court of Appeals affirmed this Court’s judgment in favor of Mr. Yaldo and rejected each of Toyota's attempts to back out of the parties’ settlement agreement.
Plymouth, MI
Lemon law Lawyer at Plymouth, MI
Practice Areas: Lemon Law, Consumer Protection
OUTCOME: Judgement Affirmed
The Michigan Court of Appeals affirmed this Court’s judgment in favor of Mr. Yaldo and rejected each of Toyota's attempts to back out of the parties’ settlement agreement.
OUTCOME: District Court Reversal
In ruling on the defendant’s motion for summary judgment, the trial court held that the manufacturer did not breach its written warranty and that privity of contract was required under Michigan law for ... the plaintiff to pursue an implied warranty claim against the manufacturer. I appealed the order granting of summary judgment to the Sixth Circuit Court of Appeals and got the order reversed. Pack is a seminal case, because it helped shape consumer law in Michigan. The appellate court ruled that privity of contract is not required for a consumer to maintain an implied warranty claim against a manufacturer, which reversed a series of federal district court decisions holding that privity was required. After the Pack decision was issued, manufacturers by and large stopped asserting the privity defense in cases in state and federal court.