Birmingham, MI
Lemon law Lawyer at Birmingham, MI
Practice Areas: Lemon Law, Personal Injury, Credit Repair
OUTCOME: Judgment for Plaintiff upheld.
Amicus counsel for Plaintiff (writing for Michigan Assoc for Justice and State Bar of Michigan Consumer Law Section) - breach of warranty case involving liability of remote manufacturer of RV.
OUTCOME: Judgment for Plaintiffs upheld; MMWA preempts contrary state law on issue of statutory attorney fees.
Warranty case involving motor home. Defendants agreed to repurchase motor home; court decided statutory attorney fees and costs under Magnuson-Moss Warranty Act. Defendants appealed favorable judgment. ...
OUTCOME: Judgment for Plaintiff upheld. Michigan Supreme Court denied Defendants' application for leave to appeal.
Dodge Durango suffered engine failure at 2,000 miles. Although fixed under warranty, plaintiffs lost faith in vehicle. Court approved jury instruction on "shaken faith" doctrine, i.e., the proposition ... that some defects occurring in a new vehicle reasonably shake the consumer's faith in the product and justify revocation of acceptance.
OUTCOME: Court of Appeals held failure to award market rate attorney fees was an abuse of discretion; case remanded for award of attorney fees, including appellate fees.
Jury verdict in favor of Plaintiff under Magnuson-Moss Warranty Act and Michigan Consumer Protection Act. Trial court refused to grant market rate attorney fees under the fee-shifting provisions of the ... se statutes on proportionality grounds.
OUTCOME: Judgment upheld by COA; Supreme Court denied Defendant's application for leave to appeal.
Although Ford Motor Company ultimately replaced the engine in Plaintiff's vehicle at no charge, Ford was unable to fix the vehicle within the 30-day statutory limit under Michigan's Lemon Law. Trial co ... urt granted summary disposition in favor of Plaintiff, holding that once the vehicle is out of service for more than 30 days during the first year of ownership, there is a presumptive violation of the lemon law. The court rejected Ford's argument that a delay caused by unavailability of parts should rebut the presumption.