Plaintiff, Lucy Mydlach, filed a three-count complaint in the circuit court of Cook County against defendant, DaimlerChrysler Corporation, alleging claims under the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act (Magnuson- Moss Act or Act) (15 U.S.C. §2301 et seq. (1994)). The circuit court granted defendant's motion for summary judgment, holding that the claims were time... More...   $0 (09-20-2007 - IL)

In this action for breach of written and implied warranties in the sale of a car, defendant and appellant Mercedes-Benz USA, LLC (MBUSA) appeals from a judgment following a jury trial in favor of plaintiff and respondent Marisa Isip (Isip) in the amount of $20,000. MBUSA contends the trial court erred by refusing its proposed jury instruction on the implied warranty of merchantability. We c... More...   $20000 (09-14-2007 - CA)

These consolidated appeals involve a dispute over a landowner's right to construct a private driveway on adjacent property dedicated in 1902 to become a public street. The City of Duluth granted Todd Glass a permit to install a driveway on the dedicated, but never-established, "street." Michael and Deborah Bolen hold the fee to part of the property that constitutes the would-be street. The... More...   $0 (09-08-2007 - MN)

Frontier Oil Corporation (Frontier) and its wholly-owned subsidiary, Wainoco Oil & Gas Company (Wainoco), appeal a summary judgment in favor of RLI Insurance Company (RLI). Frontier and Wainoco contend RLI has a duty to defend them in several personal injury actions arising from the operation of an oil and gas production facility adjacent to Beverly Hills High School in Beverly Hills, Calif... More...   $0 (08-09-2007 - CA)

In this case we decide whether a long-term lessee of an automobile may sue for breach of warranty under the federal Magnuson-Moss Warranty Act. The Second District Court of Appeal answered this question in the affirmative in Cerasani v. American Honda Motor Co., 916 So. 2d 843 (Fla. 2d DCA 2005), and certified conflict to the extent that the First District Court of Appeal held to the contrary i... More...   $0 (04-26-2007 - FL)

This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam... More...   $200000 (04-25-2007 - MO)

This suit arises out of a failed tax shelter, which defendants allegedly sold to plaintiff-appellant Theodore Swartz, charging over a million dollars, even though they knew the scheme would be considered unlawful by the IRS. Among the named defendants were accounting firm KPMG, law firm Sidley Austin Brown & Wood ("B&W"), Deutsche Bank AG and Deutsche Bank Securities (collectively "DB" or... More...   $0 (02-20-2007 - WA)

In 1999 Waypoint Aviation purchased a Bravo M20M airplane from Mooney Aircraft. According to Waypoint's complaint in this suit under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-12, the plane was unsafe and Mooney was unable or unwilling to fix it yet refused to take the plane off Waypoint's hands and refund the purchase price. See 15 U.S.C. §2304(a)(4). The district court dismissed... More...   $0 (12-01-2006 - IL)

This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam... More...   $0 (10-31-2006 - MO)

Plaintiff was a passenger in a vehicle travelling in the HOV lane of the 91 freeway when defendant's vehicle crossed over the double lines causing a collision. Plaintiff's damages included soft tissue injuries, TMJ and diplopia. Geraldine Moss, an individual defendant was in the course and scope of her employment as the property manager for Satellite Management Company when the collision occur... More...   $1850800 (10-23-2006 - US)

Randall and Cindy Roberts petitioned for review of the Court of Appeals'judgment in Roberts v. American Family Insurance Co., 113 P.3d 164 (Colo. App. 2004) . The appellate court affirmed an order of the district court granting summary judgment in favor of American Family Mutual Insurance Company and American Standard Insurance Company of Wisconsin. The district court ruled that coverage limita... More...   $0 (10-19-2006 - CO)

Kindaka Sanders, John Moss Jr. and Kenyatta Gaines sued Selma Police Department Officers Chuck Webber, Brian Gallion and Josh McDanal claiming the defendants unlawfully arrested, detained and battered them in 2000 after a party. Plaintiffs claimed that the officers overreacted when a distress call brought backup police officers, state troopers and sheriff's deputites who arrived with guns ... More...   $310000 (10-03-2006 - AL)

This appeal involves the federal Magnuson-Moss Warranty–Federal Trade Commission Improvement Act (Act) (15 U.S.C. §2301 et seq. (2000)) and the Illinois Uniform Commercial Code (UCC) (810 ILCS 5/1–101 et seq. (West 2000)). The only issues raised concern the propriety of the damages awarded to the plaintiff. The primary question is whether the circuit court acted properly in refusing to enforce ... More...   $0 (07-06-2006 - IL)

Amy Graham, Kenneth Royal and Jeffrey Shoemaker(1), filed complaints against defendant, Hyundai Motor America (Hyundai), and alleged that they were sold defective vehicles. Hyundai filed motions to dismiss the plaintiffs' complaints predicated on section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2002)), but the motions were denied. However, the trial court granted Hyundai's requ... More...   $0 (06-22-2006 - IL)

Anibal Canales brought this action against the Department of Veterans Affairs (VA), alleging that the VA had violated the Rehabilitation Act of 1973, 29 U.S.C. §§ 791-794, by failing to accommodate his disability. The case proceeded to jury trial, and the jury returned a verdict in favor of the VA, finding that Mr. Canales had not "prove[d] by a preponderance of the evidence that between Novemb... More...   $0 (05-06-2006 - CO)

This is the second appeal stemming from the plaintiff's, John Dewan, suit on behalf of himself and all others similarly situated, against the defendant, Ford Motor Company (Ford), alleging violations of the Magnuson-Moss Warranty Act (Magnuson-Moss) (15 U.S.C. §2301 et seq. (1994)) and the Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Act) (815 ILCS 505/1 et seq. (West... More...   $0 (12-30-2005 - IL)

Plaintiff Lucy Mydlach brought this action against defendant DaimlerChrysler Corporation under the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (Act or Magnuson-Moss Act) (15 U.S.C. § 2301 et seq. (2000)) after she purchased a used car manufactured by defendant which was allegedly defective. Plaintiff's three-count complaint alleged breach of written warranty (count I), brea... More...   $0 (10-25-2005 - IL)

Defendant Ford Motor Company (Ford) appeals an order of the circuit court of Du Page County denying its request that plaintiffs Tom R. Boeckenhauer and Jean Boeckenhauer be required to pay Ford's attorney fees pursuant to section 10a(c) of the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/10a(c) (West 2002)). For the reasons set forth below, we vacate th... More...   $0 (10-25-2005 - IL)

The relevant facts are as follows: On October 7, 2002, plaintiffs purchased a used 2002 GM... More...   $0 (08-05-2005 - IL)

This case presents a question of law certified to this court by the United States District Court for the District of Oregon. See generally ORS 28.200 to 28.255; Western Helicopter Services v. Rogerson Aircraft, 311 Or 361, 364-71, 811 P2d 627 (1991) (setting out and explaining certification process). The certified question asks whether a 2003 amendment to ORS 30.905, which revives certain pro... More...   $0 (05-31-2005 - OR)

John R. Chapman and his wife, Cynthia S. Chapman, brought this action seeking damages for breach of contract, breach of express and implied warranties, and revocation of acceptance. The Chapmans sought costs and attorney's fees under the Magnuson-Moss Act. Upstate RV & Marine, d/b/a Holiday Kamper & Boats-Piedmont ("Holiday") appeals from the judgment awarding the Chapmans damages, costs,... More...   $0 (03-14-2005 - SC)

The University of Louisiana at Monroe1 and the Board of Trustees, University of Louisiana System (hereinafter co llectively "ULM") appeal the district court's denial of their motion for permanent injunction under the "relitigation exception" to the Anti-Injunction Act claiming that the 2 doctrines of res judicata and collateral estoppel preclude Dwight Vines' and Van McGraw's age discrimi... More...   $0 (01-30-2005 - LA)

Chicago Title Insurance Corporation sued James Magnuson for breach of a non-compete agreement and First American Title for inducing Magnuson to violate his the noncompete agreement. Chicago Title lost 32 employees over several months to the First American Title's Talon Group, which hired Magnuson after he left Chicago Title. Chicago Title claimed that Magnuson recruited Chicago Title's employe... More...   $43500000 (01-28-2005 - OH)

2 1 Appellant DaimlerChrysler Corporation appeals from a judgment entered after a jury verdict in favor of appellees Travis and Shelly Hull in the Hulls' "Lemon Law" action. DaimlerChrysler contends the trial court erred in several respects, including denying DaimlerChrysler's motion to dismiss the action because the Hulls had sold the vehicle before trial and were no longer entitled to th... More...   $0 (01-06-2005 - AZ)

Timothy Miller and Daniel Miller are brothers who operated an architectural and construction company (Miller Architects & Builders, Inc.) as equal owners. Daniel served as president and Timothy served as chairperson. Timothy's principal duties included (1) creating an agenda for, and presiding over, advisory board meetings; (2) marketing; and (3) acting as development consultant for new c... More...   $0 (12-24-2004 - MN)