New Jersey Lemon Law Lawyer Blog

FLUSHABLE WIPES CLASS ACTION

June 14, 2023 | Jonathan Rudnick

Flushable Wipes Class Actions

Flushable wipes have been a popular household item for years, but recently, class action lawsuits have been filed against companies manufacturing them. The lawsuits allege that the wipes are not actually flushable and can cause plumbing problems.

The main issue is that the wipes do not break down quickly enough when flushed and can clog pipes or even damage septic systems. This can lead to expensive repairs and other costly issues for homeowners. In some cases, the plaintiffs claim that the companies knew about this issue but did not inform consumers or provide adequate warnings.

I purchased a damaged car. What do I do? Can Carfax and Auto Check Help Me?

June 5, 2023 | Jonathan Rudnick

When buying a damaged used car, it’s important to consider several factors. You should obtain a vehicle history report to determine the scope of the used car’s accident1. It’s also important to consider the accident car’s title status1. A car with a salvage title has undergone extensive damage (such as in an accident or flood), which usually means you can buy it for much less than market value2. However, while saving money on a used car is appealing, you might want to think twice before buying a car with a salvage title2.

Reselling a car with an accident history may be harder in the future1. If you decide to buy a car with a salvage title, it’s important to get a full inspection by a mechanic you trust and check the car’s history2. You should also see when the salvage title was issued2.

If you purchased a used vehicle that turns out to be damaged, you may have some legal options to seek compensation or remedy. Depending on the circumstances of your purchase, you may be able to file a claim against the seller, the manufacturer, or the dealer for breach of contract, fraud, misrepresentation, or warranty violation. However, before taking any legal action, you should first try to resolve the issue with the seller directly. You should contact the seller and explain the problem, provide evidence of the damage, and ask for a refund, repair, or replacement. If the seller refuses to cooperate or denies any responsibility, you should then consult a lawyer who specializes in consumer protection or lemon law cases. A lawyer can help you evaluate your situation and advise you on the best course of action. You may also want to report the seller to your state’s consumer protection agency or attorney general’s office for investigation.

Everything you Need to Know about Class Action Settlement for Car Owners

May 30, 2023 | Jonathan Rudnick

Everything you Need to Know about Class Action Settlement for Car Owners

Are you a car owner tired of dealing with faulty car parts and defects? If yes, you need to know about class action settlements. A class action settlement is a lawsuit that is filed by a group of people who have experienced similar harm or loss. In this blog, we will discuss everything you need to know about class action settlements as a car owner.

What are Class Action Settlements?

What You Need to Know About the Kia Class Action Lawsuit

May 30, 2023 | Jonathan Rudnick

What You Need to Know About the Kia Class Action Lawsuit

Kia owners may be alarmed to hear about the class action lawsuit filed against the company. This lawsuit alleges that certain Kia models have defective engines that can lead to catastrophic failures and potentially endanger the lives of drivers and passengers. If you are a Kia owner, it is important to understand the details of the lawsuit and how it may affect you.

The lawsuit was filed in 2017 and includes owners of certain Kia models with Theta II engines, including the Kia Optima, Sorento, Sportage, and Soul. The plaintiffs claim that Kia knew about the defects in these engines but continued to manufacture and sell the vehicles anyway. The defects, which can include engine seizures, misfires, and stalling, can cause a dangerous loss of control on the road and potentially cause accidents. The plaintiffs seek compensation for financial losses, injuries, and wrongful deaths related to the engine defects.

I Want to Sue for Wrongful Repossession

May 24, 2023 | Jonathan Rudnick

WRONGFUL REPOSSESSIONS

The repossession of property by a creditor is a difficult process that can leave both parties frustrated. Unfortunately, in some cases, the process can also be illegal and wrongful. In New Jersey, if a creditor repossesses personal property without following the legally mandated procedures, then the borrower may have grounds for a lawsuit against them. The Uniform Commercial Code determines what is a proper or legal repossession process.

Under New Jersey law, creditors must first provide written notice to borrowers before they can legally sell any property. This notice must include several important pieces of information such as how much is owed, what will happen if payment isn’t made on time, and how the borrower can dispute the debt or repayment agreement. If a creditor fails to provide this notice before selling the property, then it is considered an illegal action under New Jersey law.

High Profile Class Actions

May 23, 2023 | Jonathan Rudnick

CONSUMER FRAUD LAWSUITS/COMMERCIAL LITIGATION

There have been several recent high-profile lawsuits that have captured public attention. For example, Scarlett Johansson filed a lawsuit against Disney over the release of the movie Black Widow1. Another example is the case of Spencer Elden vs Nirvana, where Elden sued the band over the use of his image on their album cover1. Additionally, there have been several high-profile lawsuits against major companies such as Amazon, McDonald’s, and Pinterest over allegations of discrimination and harassment.

Scarlett Johansson filed a lawsuit against Disney for releasing “Black Widow” on its streaming service Disney+ and in theaters at the same time. She alleged that this breached her contract and reduced her salary, which was based on the box office performance1. The lawsuit was settled in private arbitration two months later, with undisclosed terms. Johansson and Disney said they would continue working together.

Largest class actions in US History

May 23, 2023 | Jonathan Rudnick

The biggest class action settlement ever is the Tobacco Master Settlement Agreement, which was entered in November 1998 and paid out a total of $206 billion. This settlement is still the largest lawsuit settlement in history.

Other notable settlements include the Opioid Epidemic settlement for $26 billion, BP Gulf Of Mexico Oil Spill for $18.7 billion, and Volkswagen emissions scandal for $14.7 billion. According to the Duane Morris Class Action Review, the total value of all class action settlements in 2022 exceeded $63 billion.

Class action lawsuits are an important tool for holding companies accountable and ensuring justice is served when they break laws or regulations.

NJ Class Actions

May 23, 2023 | Jonathan Rudnick

Class-action certification is the process of defining the class so that every person who has suffered a particular injury has the chance to be represented in court. It is also the opportunity for the lead plaintiffs to demonstrate they can properly represent the entire class 1.

There are several requirements for the certification of a class action. For example, under Rule 23 of the Federal Rules of Civil Procedure, one or more members of a class may sue or be sued as representative parties on behalf of all members only if: (1) the class is so numerous that joiner of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class 2.

One example of a class-action lawsuit filed in New Jersey in 2023 is a lawsuit against New Jersey-based panel installation company Vision Solar. The lawsuit accuses Vision Solar of pressuring customers to pay for a product that failed to live up to salespeople’s promises. According to the lawsuit, Vision Solar would often fail to obtain the proper permits before installing the panels, leaving homeowners paying for a system that wasn’t connected to the power grid. Other times, salespeople would allegedly mislead customers about the potential savings 1.

Collecting a judgement against a used car dealer in New Jersey

May 15, 2023 | Jonathan Rudnick

NJ auto dealers must pay any judgment within 90 days of when the court enters it, or face potential legal penalties. This makes it very important for auto dealers to be aware of consumer protection laws and regulations that prohibit auto fraud. Consumers may seek legal action if they experience fraud or deceptive practices from an NJ auto dealer. If a court finds in favor of the consumer, the dealer is responsible for paying the amount of the judgment plus any applicable interest within 90 days. Failure to comply can result in additional legal penalties that could be more costly to the dealership than simply paying the initial judgment. For this reason, it is essential for New Jersey auto dealers to remain up-to-date on applicable laws and conform to best practices in order to protect themselves from any potential legal action. Consumers should also familiarize themselves with the laws to identify and report any practices that may be considered fraudulent or deceptive. By ensuring all parties act responsibly, we can maintain a safe and fair marketplace for auto sales in New Jersey.

Auto fraud is a serious problem across the state of New Jersey, and it is essential that all individuals follow the laws in order to protect their rights. With this ruling, it is clear that judgments can be collected for violations of consumer protection laws. Consumers should be informed about their rights and take advantage of legal assistance if they feel they have been victims of auto fraud or other unscrupulous practices. Taking action now will help prevent costly judgments from being issued in the future.

This decision serves as an important reminder that businesses must abide by applicable rules and regulations at all times in order to stay compliant with state standards. The potential consequences for violating these laws are severe, so dealerships should ensure proper procedures are followed to avoid legal proceedings.

Consumer Fraud Trial Lawyer: Trying a Consumer Fraud Jury Trial Against a Car Dealership

February 20, 2021 | Jonathan Rudnick

Consumer fraud trials can be complicated, LONG and a challenge. There are Rules of Court that must be followed, rules of evidence and Model Jury Instructions. A trial has very little to do with everyday common sense. There are strict rules to address what arguments can be made, what facts can be presented to the judge and jury and burdens of proof and persuasion. It takes years of in court experience to understand a trial, especially a Consumer For a Trial.

A Consumer Fraud Trial has a large amount of very technical requirements/proof/burdens. As in most cases, the plaintiff has the burden. However in some areas of a Consumer Trial the burden is lowered because of the practical considerations the legislature has determined are necessary for the enforcement of the consumer fraud act.

A good example is Proximate Cause. In most lawsuits, and in most causes of action there is a requirement for proximate cause. Proximate cause requires that the actions of the defendant caused the damage to the plaintiff or the victim. There are specific jury instructions that address this issue. However, in Consumer Fraud Trials the standard/burden has been lowered by the New Jersey courts.