GM recalls certain 2013 model year Escalade, Avalanche, Express, Silverado, Suburban, Tahoe, Savana, Sierra and Yukon cars that may be equipped with defective steering columns. These vehicles may not comply with Federal Motor Vehicle Safety Standard No. 114. FMVSS 114 specifies performance requirements that are intended to
Read more →Most people don’t realize it, but a major battle is taking place between the United States Supreme Court and the California Supreme Court concerning class actions. I recently wrote (starting on pg. 4) about this battle, along with my former colleague, Robert Rodriquez, soon after my significant
Read more →Philip Reed over at Edmonds posted an interesting article concerning the sketchy dealer practice of “spot delivery,” or “yo-yo financing.” For people with less than optimal credit worthiness or an inability to provide a strong down payment, these practices often result in less favorable financing terms than
Read more →Sometimes there are no take-backs when it comes to release language in a settlement agreement. That is essentially what the California Court of Appeal, Sixth Appellate District, announced today in its published decision, Rodriguez v. Takeshi Oto. Plaintiff’s counsel will do well to read this opinion. It
Read more →Today’s published decision, Rojas v. Platinum Auto, from the California Court of Appeal, Second Appellate District, Division Eight, represents a victory for consumers who have been duped by unscrupulous car dealerships. The message to car dealers is clear, a plaintiff is not required to demonstrate actual harm
Read more →The recently published California Court of Appeal, Fourth Appellate District, Division Two opinion may make defense counsel cringe and give some car owners hope. As for me, it just makes me feel giddy. In Martinez v. Kia Motors America, Inc. the Court overruled the lower court’s order granting
Read more →Defense counsel will see the recently published California Court of Appeal, Second Appellate District, Division Three opinion as a victory for manufacturers of fatally defective products, but the reality is that it is an example of an arbitrary limitation resulting in an inequitable result for a sister
Read more →No. A “recall” almost always relates to a safety concern. While manufacturers voluntarily issue TSBs, manufacturers are typically compelled to issue a recall by consumer protection agencies. For example, Recall 11V490000 pertains to fuel systems for Model Years 2010-2012 Audi A3 cars: “Due to the resonance condition,
Read more →Many readers will recall an article that I recently wrote for Association of Business Trial Lawyers San Diego that discusses the California Supreme Court decision in O’Neil v. Crane Co., in which the court held that a product manufacturer may not be held liable in strict liability or
Read more →The growing ubiquity of hybrid and electric cars on our roadways is a boon to technology companies and a benefit to the environment, but as National Highway Traffic Safety Administration alerts, these cars create noise that is insufficient at low speeds to warn unsuspecting pedestrians, bicyclists and
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