7 results for 'cat:"Settlements" AND cat:"Warranty"'.
J. Watson grants the RV buyer's motion to enforce the parties' settlement agreement, ruling the dealer's failure to provide the extended service contract included as part of the settlement is a material breach, even in the absence of bad faith. Although the dealer now uses a new service provider to make repairs to vehicles, the original service contract was an integral part of the settlement and so it must honor its obligation and provide the original contract to the buyer.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:23cv3568, NOS: Other Statutory Actions - Other Suits, Categories: settlements, warranty
J. O'Rourke finds that the trial court erred in dismissing a consumer warranty complaint against a car manufacturer. The trial court found that a lessee had waived his right to sue under the Song-Beverly Consumer Warranty Act by signing a settlement and release. While the Act's anti-waiver provision does not bar all settlement agreements, the lessee's action may proceed because the manufacturer failed to advise him of the Act's replacement and restitution provisions before entering the settlement agreement. Reversed.
Court: California Courts Of Appeal, Judge: O'Rourke, Filed On: June 27, 2023, Case #: D079940, Categories: settlements, warranty
J. Davila grants final approval to a $50 million settlement that will end the consumers' class action against Apple alleging that MacBooks that came with defective "butterfly" keyboards that would fail after a year of use. Class members will receive cash payments ranging from $50 to $395, with those who experienced two or more particular repairs receiving the highest payment. The settlement represents between 9% and 28% of the total estimated damages at trial which "falls squarely within acceptable recovery ranges in this district."
Court: USDC Northern District of California, Judge: Davila, Filed On: May 25, 2023, Case #: 5:18cv2813, NOS: Other Contract - Contract, Categories: settlements, warranty, Class Action
[Modified.] The appeals court changes the judgment in a consumer warranty opinion. The trial court improperly awarded a consumer $98,000 in attorney fees and costs when he settled his lemon law claims after rejecting earlier settlement offers. On first impression, the appeals court holds that the penalty provisions of section 998 still apply when a case ends with a subsequent settlement offer before a trial. A stipulated settlement with the structure and terms of a final determination meet the definitions of "judgment" in the attorney fee provisions of both section 998 and the Song-Beverly Act. The trial court must reconsider whether the offer made to a consumer was more favorable than the judgment he obtained. Reversed.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2023, Case #: C090463, Categories: settlements, warranty, Attorney Fees
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J. Curiel grants preliminary approval to a settlement that will end a class action alleging that certain 2013-2015 Dodge Dart vehicles have a defective clutch system that can cause the clutch to fail and stick to the floor. Under the settlement terms, FCA will issue a 12-month extended warranty expanding coverage for the repair or replacement of the clutch slave cylinder. FCA will also reimburse class members who previously paid to have their slave cylinder replaced. Class counsel's request for attorney fees of no more than $1.69 million is reasonable.
Court: USDC Southern District of California, Judge: Curiel, Filed On: May 5, 2023, Case #: 3:16cv1617, NOS: Other Fraud - Torts - Personal Property, Categories: settlements, warranty, Class Action