US Supreme Court Decision on Arbitration Recently, the US Supreme Court decided a significant arbitration case. The issue is whether or not the Federal Arbitration Act permitted the waiver of class action claims in a consumer contract. At the state level under the state laws, the states were divided as…
Although I do a significant amount of auto fraud litigation, the concept does not change with regard to the sale of any goods such as houses or any other consumer goods. Again, if you know the purchaser of the good would make a different decision and you fail to disclose…
Can you commit fraud by maintaining silence? The simple answer to this is yes. Under New Jersey law, you can commit fraud or consumer fraud when there is a fact which a seller of a good knows will be relevant to the purchaser’s decision, and as a material fact to…
This is a list of questions that a jury might have to answer at the end of a trial: 1. Do you find by a preponderance of the evidence that the Defendant committed any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation as I have defined in…
The fees associated with the National Arbitration Forum are excessive and would effectively prohibit the plaintiff from pursuing her statutory and common law claims. The United States Supreme Court in Green Tree Financial v. Larketta Randolph 531 U.S. (2000) held that excessive arbitration costs form a basis to challenge the…
The plaintiff has made numerous claims pursuant to Federal and State statutory law as well as New Jersey Common Law. The plaintiff has also made a demand for punitive damages for the statutory and common law violations alleged. New Jersey Law permits the plaintiff to recover up to $350,000 in…
The next level up would be the sales manager, the finance managers who are responsible for the back end or the financing and the extras on the transaction. Once the transaction is finalized, meaning the consumers agreed to purchase the particular type of car, they are turned over, handed off…
This is a follow-up on my previous posts and the basic underlying concepts of suing car dealerships. Previously, I addressed the concerns with regard to insurance and whether or not to file a case. Once you decide to file a case, you need to understand how a car dealership works…
In this case the defendant is alleged to have sold a damaged certified car to the plaintiff who sued them in New Jersey. The dealership was not incorporated in New Jersey and was not physically located in New Jersey. PROCEDURAL HISTORY/SUMMARY OF THE CASE This claim arises out of the…
Legal argument submitted in a wrongful repossession lawsuit: LEGAL ARGUMENT POINT I THE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON THE CLAIMS FOR FRAUD SHOULD BE DENIED SINCE THE DEFENDANTS’ AGENTS IMPERSONATED LAW ENFORCEMENT WITH BADGES TO GAIN COMPLIANCE In the present case, the plaintiff asserts that the defendant, their agents,…