This site is fantastic for both lawyers and the public alike. There are up to the date legal headlines and also legal research on all major issues including defeating mandatory arbitration clauses, preemption and civil rights. This is a site you should bookmark if you are either a lawyer or have a consumer issue that you are following.
Many of my clients ask this question all the time. Should I file a complaint with the Better Business Bureau or Consumer Affairs?
The answer is no. It is a waste of time. Any resolution is basically voluntary. They really cannot force anybody to do anything such as paying the claimant damages. The only benefit is that the you will receive some information that you might be able to use late in civil litigation. Almost all of the clients who come to me have been unsatisfied with the process and the results.
Monmouth County Consumer Affairs
Better Business Bureau
Used Cars
Computer Sales
Debt Collection
Internet Sales / Goods
Telecommunications
Home Improvement Repair - General
Health Spas / Health Clubs
Home Furniture / Furnishings
Car Repair
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 three conditions.
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 in 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 business. Remove people who hate lawsuits is the idea
The case was listed for trial several times and adjourned several times. There were many reasons: No Judges, sick client, expert not available, no Judges, no Judges.
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.
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 he 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 chose to wait feel free to do so until you hear the whole story.
Continue reading " Lemon Law Trial - Background Facts " »
I received a verdict and will try to start the postings later when I get a free moment. I am keeping you in suspense
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
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 exert 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.
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 and 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 form the first repair attempt.
Carton and Rudnick a law firm in Red Bank/Middletown New Jersey litigates consumer fraud and lemon law cases and provides for experienced representation.
