New Jersey Lemon Law Lawyer Blog
I picked up a blog that makes reference to a new lawsuit filed against Schering and Merck. If anybody has a link to the filed civil action from PACER please e-mail me the link.
Kelly Blue Book (Site of The Week)
Kelly Blue Book is a great site with a ton of information on all cars, including pricing and features. It provides trade-in values and also retail values in many conditions.
Lemon Law Trial: Jury Selection
In New Jersey Jury selection is very limited. The Judge asks the jurors about 50 questions, ranging form are you a citizen to what do your children do and what are your hobbies? There are certain questions that they have to ask and then the attorneys submit questions that they want the Judge to ask the Jury. Jury selection can last from one to three hours, depending on how long the trial will last. The Judge picks seven jurors, of which one will be an alternate. The lawyers have six challenges to remove jurors, for almost any reason.
In this case the Judge used some new questions and asked the jurors what they thought of the civil justice system and whether it did not permit appropriate claims or allowed too many claims. The jurors were very attentive and gave very specific answers and I think they wanted to serve on the Jury. It was only a 2-3 day trial.
The point to jury selection is to excuse the jurors that will not be favorable to your case, a tough thing to do with a few questions and a quick answer here and there. You are supposing built-in prejudices in people you have never met, a dangerous thing to do. Generally plaintiff’s lawyers remove people in the insurance industry and those who own businesses; removing people who hate lawsuits is the idea.
Lemon Law Trial – Procedural History
The case was listed for trial several times and adjourned several times. There were many reasons: no Judges, sick client, expert not available.
There were at least 4 trial dates and on the fifth date we got a Judge on Thursday of the trial week.
No substantive motions were made because there really were none that needed to be decided by the Court.
Lemon Law Trial – Background Facts
My client, Hannah (name changed to protect the innocent) was sent to me by another lawyer in North Jersey. She purchased the car in October 2004 and had problems immediately with fumes in the car. At about 900 miles she was forced to seek medical treatment, and again at about 2,500, due to the fumes. The car was returned to the dealership also at 3,700, 5,200 and lastly at 10,000 miles for the same claimed problems. Repair orders reflect some of the problems. She has not driven the car since 2007 after it broke down and the fumes had continued to bother her. She demanded her money back after the second repair attempt and rebuked (denied) by the MFGR.
The dealer and the manufacturer rep could not duplicate the problem. Hannah claims that the courtesy driver at the dealer verified the complaint, but not the service writers or the mechanics.
The car cost $50,000 and was a Mercedes Benz.
Suit was filed late 2005 after the first or second repair attempt.
For those of you who want to know the verdict it is the continued portion of the entry. If you choose to wait feel free to do so until you hear the whole story.
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Lemon Law Verdict
I received a verdict and will try to start the postings later when I get a free moment. I am keeping you in suspense.
Lemon Law Trial
I started a trial in Ocean County, New Jersey last week and will, at the close of trial, be providing a blow-by-blow on the entire case. These should be the topics: case history, procedural history, trial strategy, picking a jury, openings, testimony, closings, jury charge and final thoughts. I think that you will find it very interesting and worth following the story.
National Consumer Law Center (Site of the Week)
I have been a member of the National Association of Consumer Advocates for almost ten years. I have learned much from this organization. They provide expert witness services and they have an entire set of books dedicated to consumer law. They have provided assistance to major litigation projects throughout the entire country.
Remedies Under the New Jersey Lemon Law
The New Jersey Lemon Law is a very important piece of consumer legislation. The remedies are very liberal and provide for a fair recovery. If the claimant wins a case under New Jersey Lemon Law they are entitled to a buyback of the vehicle in litigation. This starts with a payoff of the outstanding balance of the car loan, if there is a balance. Then all the payments that are made are returned to the car owner, as well as the down payment. Other valid damages include rental car bills, towing charges, repair bills, filing fees, expert fees and attorney fees. There is an offset for mileage that is charged against the consumer for use of the vehicle and it is calculated from the first repair attempt.
The Law Office of Jonathan Rudnick, a law firm in Red Bank/Middletown New Jersey, litigates consumer fraud and lemon law cases and provides for experienced representation.
Truth In Lending Act
The Truth in Lending Act is liberally construed to protect consumers Burnett v. Ala Moana Pawn Shop, 3 F.3d 1261, 1262 (9th Cir. 1993). Congress enacted the Truth in Lending Act (15 U.S.C. § 1601 et seq. (TILA)) in recognition that uniform credit disclosures would enhance “the competition among the various financial institutions and other firms engaged in the extension of consumer credit,” and “assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit.” (15 U.S.C. § 1601(a).) In this regard, TILA protects consumers from inaccurate and unfair credit practices. (Ibid.; (D.N.M.1998) 12 F.Supp.2d 1230, 1232.) To address the problem of buried finance charges, Regulation Z extends TILA’s coverage to all credit transactions ” ‘for which either a finance charge is or may be imposed.’ ” (1974) 12 Cal.3d 915, 920, 117 Cal.Rptr. 541, 528 P.2d 357, citing former 12 C.F.R. § 226.2(k).) TILA’s purposes have led the courts to strictly enforce its requirements as well as those of Regulation Z. 12 F.Supp.2d at p. 1232.)