Consumer Class Actions and Defective Cars There are some great websites that track class action recently filed. Please review the link. Upon review of the site it lists a few recently filed class actions, specifically one involving Honda Hybrids There is a link to an actual copy of the over…
GMC Acadia and Lemon Law Edmunds.com has provided a list of GMC Acadia customers that have been complaining about water leaks in their GMC Acadia, among other issues. If you have this car and you are having problems with the vehicle, including water leaks, please contact The Law Office of…
THE PAROLE EVIDENCE RULE DOES NOT APPLY TO THE FACTS OF THE CASE The defendant’s claim that the plaintiff is barred by the ‘parole evidence rule’ is without merit. The current case has nothing to do with the terms and the contents of the agreement between the parties. The issue…
THE DEFENDANT SHOULD BE ESTOPPED FORM ASSERTING THE ARBITRATION CLAUSE THIS LATE IN THE LITIGATION, ESPECIALLY SINCE THEY 1) FILED A COUNTERCLAIM IN BREACH OF THEIR OWN AGREEMENT; 2) MOVED TO HAVE JUDGMENT ENTERED ON THAT COUNTERCLAIM AGAIN BREACHING THEIR OWN AGREEMENT TO HAVE ALL DISPUTES BETWEEN THE PARTIES The…
In lawsuits usually you are permitted to demand documents from any car dealership to help you prove your case. In a damaged vehicle case you need to establish, at a minimum, that the dealership knew or should have known that the car was damaged when they sold it. Most dealerships…
In a lawsuit where you are alleging that a selling violated the Consumer Fraud Act by selling a car that was already damaged these question might help. You need to determine if they knew it was in an accident. These quesitons will help you determine what the selling dealer did…
This is part of a closing argument that was recently submitted to AAA, the American Arbitration Association. The plaintiff has proved that the defendant has committed fraud/consumer fraud. The dealer advised the plaintiff that the car was without accident both verbally and in writing. The plaintiff proved (CARFAX) and it…
One option in lawsuits against dealers is instituting suit against the owners and/or employees. New Jersey laws held that the owners or the individual employees can be liable if they directly participated in the fraud or consumer fraud. The New Jersey Consumer Fraud Act indicates that persons are liable, which…
New Jersey Courts have analyzed what constitutes a breach of the peace. “Breach of peace,” as used in the Code, should be construed according to the ordinary and usual meaning of the term, and ordinarily contemplates violence or the threat of violence. Slowinski v. Valley Nat. Bank, 264 N.J. Super.…
The basic concepts for the body of law underlying repossession, rights and remedies are encompassed in the Uniform Commercial Code. The UCC has established a multistep process and a list of requirements to be followed by creditors who have secured rights. The concept of repossession is not a single act…