New Jersey Lemon Law Lawyer Blog
Boating while intoxicated has severe penalties that will affect both your driver’s and boating license, insurance rates and financial situation. If you get pulled over for boating while intoxicated you are required to take a breathalyser but not perform the psychophysical tests. Failure to take the breathalyser will also have serious consequences. Be cooperative and get a lawyer as soon as possible.
Boat Litigation: Consumer Fraud & Repairs
New Jersey has a host of regulations that require certain disclosures by boat repair facilities. As an example, if you are getting a new engine the installer must disclose new, rebuilt or re- manufactured, so it is clear to the customer what they are getting.
My website addresses at length the obligations of those repairing boats
The violation of the regulations creates a per se violation of the New Jersey Consumer Fraud Act.
Real Estate Agents: Seller’s Disclosures
Do you know what a seller’s disclosure is? Almost all seller’s agents have the seller complete this to protect themselves as much as to help the buyers. It includes all major defects and some minor ones. As a buyer, your lawyer should demand that the disclosure is completed and your lawyer should follow up to make sure that the items are repaired that are listed in the agreement.
NJ Consumer Fraud Act & Damages: The answer?
Let’s use this example:
You unknowingly buy a crash-damaged car for $30,000 and it is dangerous to drive and you would never have purchased the car BUT it has a NADA value of $10,000. You now have driven the car for 5 years due to the length of the litigation, and the car has 100,000 miles. Under current case law the damages are $20,000. Under breach of contract your damages are $20,000. While it is true the damages are tripled under the Act, the dealer gets the benefit of having sold you the car. BUT the dealer might argue that you drove the car and you have no damages. Does this seem fair that you were forced to drive a car you did not want, you only purchased because the dealer lied to you about the history and they get a mileage credit? NO NO NO.
Here is the answer: the damage is the purchase price. The dealer can argue some offset for value or use that a jury can accept or reject. This amount it tripled under the Act and then the set-off is applied.
NJ Consumer Fraud Act & Damages: What’s wrong with this picture?
The Courts continue to interpret the Consumer Fraud Act in such a way that limits the remedial nature of the act. Courts have been strictly applying breach of contract principles to the damages analysis. The issue is: what is the ascertainable loss that is recoverable under the act? The Court has been requiring a benefit of the bargain analysis. As an example, if you buy a product that costs you $100 and it is worth $40 your damages are $60. Or maybe you purchased the product for $100 and you sold it for $60; then your damages would be $40.
Here is the problem: the New Jersey Consumer Fraud Act is not breach of contract and should not be analyzed as a breach of contract. The Act was in addition to the remedies that already existed. So let’s answer this: why are the breach of contract damages the same as fraud damages? I don’t know. This analysis gives the defendant the benefit of his improper conduct. Why should the defendant get to keep the profit or get any benefit of the sale? I don’t know. Why does the plaintiff have to pay for experts, costs that are not reimbursed under the Act, and not be able to afford to pursue the claim? I don’t know.
I do have an answer that makes sense.
New Lawsuit filed against Schering and Merck in New Jersey: RICO and Consumer Anti-Fraud
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.