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Nematzadeh PLLC and cocounsel have recently filed an antitrust class action in the United States District Court for the Southern District of New York against some of the world’s largest tire manufacturers. In essence, the class action alleges that these companies colluded to inflate or otherwise stabilize the prices of replacement tires for passenger vehicles sold in the United States. If you have purchased replacement tires and want to learn more about this action and your rights, reach out to Nematzadeh PLLC for a free and confidential consultation. #AntitrustLitigation #AntitrustClassAction https://bit.ly/4cqX6hl

Consumer claims filed against manufacturers for breach of warranties have skyrocketed. Now a California Supreme Court decision could escalate things. Get up to speed here: 🔎 https://lnkd.in/gY6F8g93. FBT attorney Liam E. Felsen, Ph.D., looks at recent cases involving consumer claims brought under California’s Song-Beverly Act and whether #vehicle #manufacturers should adjust certain warranty provisions based on the court’s ruling, expected to have implications beyond the auto industry. #Manufacturing #InsuranceLaw #Automotive #CaliforniaLaw #California #SupremeCourt #LemonLaw #Warranty #Litigation #LegalTrends

Manufacturers have felt the impact of soaring “Lemon Law” litigation in recent years, and new amendments to the Song-Beverly Act promise to further shift the playing field. My latest article with Manufacturing.net explores what #manufacturers in #California should know about new express warranty start dates, arbitration provisions, and more. Check it out below and let me know what you think.

𝐈𝐭’𝐬 𝐭𝐡𝐞 𝐢𝐧𝐝𝐮𝐬𝐭𝐫𝐲’𝐬 𝐬𝐭𝐚𝐧𝐝𝐚𝐫𝐝𝐬 𝐭𝐡𝐚𝐭 𝐦𝐚𝐭𝐭𝐞𝐫 This wrongful death case arose out of a single vehicle crash that resulted from the failure of a fourteen-year-old tire. The plaintiff sued Discount Tire after both her husband and son were killed. The plaintiff claimed that Discount Tire had breached certain industry standards, but failed to offer evidence to support her claim. The trial court then granted Discount Tire’s motion for directed verdict and entered judgment in its favor. Subsequently, the trial court reversed itself, granting the plaintiff’s motion for a new trial based on the argument that the defendant’s breach of its own internal policies was sufficient to create a legal duty. Florida law is clear that a defendant’s internal policies alone do not create or define a duty owed to the plaintiff, resulting in a reversal of the order granting a new trial, and remand for entry of final judgment in favor of the defendant. An important takeaway from this case is about expert testimony. One of the plaintiff’s experts testified that the defendant was negligent for servicing the fourteen-year-old tire and rotating it from the front to the rear, because “industry standards” call for taking the tire of that age out of service. The plaintiff’s expert also testified that the tire failed because it was too old. Another one of plaintiff’s experts testified that different tire manufacturers and vehicle manufacturers use varying definitions for what is “old,” and while there was evidence that there are standards observed in two industries (tire manufacturing and vehicle manufacturing) no expert actually identified any industry standards that were violated. https://lnkd.in/eCd4jHkg

In this episode we talk to Michael McKenna from the Victorian Automotive Chamber of Commerce | VACC about consumer law and how it is impacting their members the Licenced Motor Car Traders. Michael explains that dealers are facing increased complaints related to issues like buyers remorse and technical issues. He believes these complaints have risen due to increased consumer awareness of their rights, more complex vehicles and repairs, extraordinary high prices after Covid which are now coming down (buyers remorse) and tighter finances putting pressure on dealers and customers. He outlines dealers' obligations under consumer law to provide fit-for-purpose vehicles, honour warranties, avoid misrepresentation and resolve disputes fairly. If dealers fail to meet these obligations, they can face penalties, legal action, and loss of reputation. #automotive #automotivenews #insights https://lnkd.in/gy2NsFTS

Explore the case of Dwyer v Volkswagen with Arida Lawyers' case study. This case explores the pivotal definitions of 'acceptable quality' and the manufacturer's ability to rely on the defence under section 271(2) of the Australian Consumer Law. Need guidance on related issues? Connect with Arida Lawyers today. #ConsumerLaw #AridaLawyersInsights #AustralianConsumerLaw". Access the case summary of Dwyer v Volkswagen on our website here: https://lnkd.in/gDSNMfeb

Have a listen to one of our Industry Policy Advisors Michael McKenna as he sheds light on how consumer law affects Licensed Motor Car Traders on the latest episode of Talking Automotive. Michael discusses the instances of complaints in the automotive industry, from buyer's remorse to technical issues, post-COVID pricing, and dealers' obligations to uphold consumer rights.   #VACCInsights #automotive #consumerlaw

🚗💥 Legal Drama Alert! 💥🚗 In a recent twist, a Superior Court judge has ruled that a company should've preserved the entire source code for its automotive diagnostic tool. This decision comes after a tragic accident where a Jeep Cherokee unexpectedly accelerated, resulting in five fatalities at an auto auction in Billerica. 😔 The case, Espaillat v. Lynnway Auto Auction, Inc., et al., has taken a new turn as the original defendants pointed fingers at the scan tool manufacturer, suggesting it might have caused the sudden acceleration. During discovery, the manufacturer only produced part of the source code, leading to a spoliation sanction. 🧑⚖️ Judge Barrett emphasized the importance of the missing source code, noting that the manufacturer’s own expert had it during product testing. The judge ruled that the company should've known the code might be relevant to potential litigation. 📜 This case highlights the critical need for companies to issue comprehensive "litigation holds" and preserve all relevant evidence. As attorney David A. White put it, "Corporate counsel would be very prudent to advise their clients to retain more rather than less." 🗂️ Stay tuned for more updates on this unfolding legal saga! ⚖️ #LegalNews #Automotive #CourtCase #Spoliation #JusticeForAll

Understanding 'acceptable quality' and the nuances of manufacturer defences is pivotal in the realm of the Australian Consumer Law. Our latest article delves into the case of Dwyer v Volkswagen, shedding light on these essential topics. For those keen on comprehending the implications of section 271(2) of the Australian Consumer Law and its impact on manufacturers' liability, this read is insightful. Explore the insights and takeaways from the case on our website. https://lnkd.in/gtw5a7cC

When original equipment manufacturers try to exercise control over the aftermarket repair and service of their products, it can implicate the antitrust laws. Corporate counsel considering whether and how to exercise such control should read this quick update from Brian Pandya, Joe Welsh, and me.