Autoblog

Couple sues Ford because Escape lemon replacement is wrong color [w/poll]

Jeffrey N. Ross — Mon, 07 Jan 2013 19:15:00 EST

Filed under: SUV, Government/Legal, Ford

The self-proclaimed "King of Lemon Laws" strikes again. This time with a couple in Wisconsin whose 2010 Ford Escape was in the shop for more than 30 days within the first year of ownership due to transmission problems. The couple hired Vince Megna after Ford replaced their Sangria Red Escape (shown above) with a stone-colored interior with a Steel Blue 2012 model with a darker charcoal-colored interior.

Ford claims that it properly followed the procedure of the Wisconsin lemon law, which Ford's lawyer argues requires automakers to replace the lemon with a similar vehicle, not an exact replacement. The judge presiding over the case compared this color issue to a black Cadillac versus a Mary Kay-pink Cadillac. If the Porters win the lawsuit, they will be able to receive as much as double the price of the $25,000 Escape in compensation as well as any attorney's fees.

Let us know what you think of this case in the poll below.

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Couple sues Ford because Escape lemon replacement is wrong color [w/poll] originally appeared on Autoblog on Mon, 07 Jan 2013 19:15:00 EST. Please see our terms for use of feeds.

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'King of Lemon Laws' lawyer successful with Fisker Karma in Wisconsin [w/video]

Sebastian Blanco — Wed, 26 Sep 2012 12:45:00 EST

Filed under: Hybrid, Fisker, Electric, Luxury

Vince Megna certainly has a way with words. In one five-and-a-half minute video, he calls the Fisker Karma a "modern-day Ford electric Pinto." He also says, "This is a beautiful car. It's just too bad it catches on fire." Would we expect anything less florid from the man who calls himself the King of Lemon Laws?

Megna was referring to two cases of the Karma being involved in fires, one in California and one in Texas. The reason Megna is concerned is because he was bringing a Karma to a dealership for his unnamed client in Wisconsin, who apparently needed to keep his vehicle in the shop for 120 days during his first seven months of ownership. That's well above the 30-day threshold set by Wisconsin's lemon law. Megna says Fisker refunded his client the $103,000 that the car cost, even though he wouldn't agree to Fisker's request to keep his complaints quiet. It was the first lemon law buy-back for a Karma, Megna says, adding that he doesn't think it will be the last. We've contacted Fisker about Megna's claims, but have yet to hear back.

But what's Justin Bieber - or a cardboard cutout of His Bieberness - doing in the image above? Well, Megna has a bit of Michael Moore in him, and he went to a Fisker dealer to ask if the Karma is safe for celebrities like Bieber to drive (the teenage phenom has - had? - a custom chrome Karma in his garage). Thoughtfully, Megna brought along his video camera to record his visit. And a Bieber t-shirt-wearing paralegal with her mouth taped shut. You can see the comedic results below.

Continue reading 'King of Lemon Laws' lawyer successful with Fisker Karma in Wisconsin [w/video]

'King of Lemon Laws' lawyer successful with Fisker Karma in Wisconsin [w/video] originally appeared on Autoblog on Wed, 26 Sep 2012 12:45:00 EST. Please see our terms for use of feeds.

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Comcast pulls ad criticizing GM, Chrysler to review claims

Jonathon Ramsey — Fri, 26 Jun 2009 15:26:00 EST

Filed under: Government/Legal, Videos, Chrysler, GM

Commercial regarding GM and Chrysler's liability claims -- Click above to view the after the jump

A group called the Ad Hoc Committee of Consumer Victims of GM and Chrysler put together a commercial to run on Comcast throughout the weekend. The group numbers 460 people, 300 of whom are plaintiffs against GM, the rest against Chrysler, all of whom claim catastrophic injuries or the deaths of relations due to defective vehicles from the two companies.

The ad attacks the issue of New GM not being responsible for such liabilities. The claims, said to add up to about $1.25 billion for just the GM parties, would be addressed by the Old GM and lumped in with every other unsecured creditor's claims. That means that if the plaintiffs received anything at all, it wouldn't be much. GM is just following the government's orders -- it was the Administration that decreed post-bankruptcy Chrysler and GM won't be responsible for vehicles sold previous to bankruptcy.

GM's attorneys called Comcast, and Comcast explained pulling the ad by saying "We have temporarily stopped airing the ad while we conduct a review of the claims it makes." The commercial only asserts a few facts which could be easily checked, and makes a generalization about claims that won't be reported if people know nothing will come of them. Comcast hasn't given any timeline for that review, though. You can watch the ad after the jump and see for yourself.

[Source: Washington Post via TTAC]

Continue reading Comcast pulls ad criticizing GM, Chrysler to review claims

Comcast pulls ad criticizing GM, Chrysler to review claims originally appeared on Autoblog on Fri, 26 Jun 2009 15:26:00 EST. Please see our terms for use of feeds.

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Bankruptcy filing reportedly allows GM, Chrysler to shed hundreds of product liability lawsuits

Chris Shunk — Mon, 22 Jun 2009 14:27:00 EST

Filed under: Government/Legal, Chrysler, GM

Outside of bankruptcy, General Motors and Chrysler were no longer competitive enough to remain solvent. After Chapter 11 reorganization, the two automakers will have a clean financial statement and a whole lot fewer employees, plants, and dealers. Another area where the two automakers will receive a clean bill of health is product liability lawsuits, and the savings will be huge, The Detroit News reports. GM, for example, had $928 million in liability expenses (including court costs and lawyer fees) in 2008 and $1.1 billion in 2007.

The government has ruled that the new GM and Chrysler will not be held liable for vehicles sold by the old GM and Chrysler. Lawyers are still debating whether or not cars and trucks purchased after bankruptcy proceedings began will be covered, but anything before bankruptcy is apparently out of the picture. University of Michigan law professor and bankruptcy scholar John Pottow told the DetNews that GM lawyers gave him the impression that it was the government that was driving this issue:

"What's fascinating about this is that it is the government taking the hard line here, insisting that the new company should emerge free of those liabilities. It's the government actually thinking like hardheaded investors instead of taking the more predictable, more socialist line."

While the two companies' ledgers will look better without the threat of liability, the move is brutal for those who are awaiting trial or have already been awarded money but have yet to receive any funds. Those who have been permanently disabled as a result of alleged vehicle defects will now likely never receive a dime for their injuries. While pre-bankruptcy liabilities will be swept under the rug, GM and Chrysler will continue to cover all applicable warranties both pre- and post-bankruptcy.

In the meantime, attorneys general from a number of states aren't taking the matter lying down - eight separate states have filed objections to the provision in federal bankruptcy court on Friday.

[Source: The Detroit News]

Bankruptcy filing reportedly allows GM, Chrysler to shed hundreds of product liability lawsuits originally appeared on Autoblog on Mon, 22 Jun 2009 14:27:00 EST. Please see our terms for use of feeds.

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FOLLOWUP: Chrysler, Fiat reportedly agree to honor lemon law claims

Jonathon Ramsey — Fri, 05 Jun 2009 17:58:00 EST

Filed under: Car Buying, Maintenance, Government/Legal, Chrysler, Earnings/Financials, Fiat, Carsumer Advocacy

On a recent episode of The Chrysler Files, customers who purchased Chrysler vehicles that were later officially certified as lemons were being reimbursed by the company with checks... that bounced. The snafu stemmed from the fact that while said claims were made before Chrysler's bankruptcy, after the automaker's Chapter 11 filing, the judge had to clear the funds to be paid from Chrysler's account. Since the judge hadn't cleared the funds, the checks were worth precisely zero dollars.

Those owners will be happy to know that the judge has finally approved Fiat and Chyrsler honoring "all warranty and lemon law obligations" for cars purchased up to five years before April 30. With the ruling, those affected will also be eligible for additional costs and attorney's fees. Of course, that news still doesn't detail when you stranded motorists can expect a check to arrive -- or when they can cash the ones they already have -- but help is on the way.

[Source: Automotive News, sub req'd]

FOLLOWUP: Chrysler, Fiat reportedly agree to honor lemon law claims originally appeared on Autoblog on Fri, 05 Jun 2009 17:58:00 EST. Please see our terms for use of feeds.

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Arizona Supreme court rules lessee can't sue automaker over lemon

Chris Paukert — Thu, 16 Mar 2006 13:30:00 EST

Filed under: Car Buying, SUV

The Arizona Supreme Court has ruled that a disgruntled lessee of a Jeep Cherokee can't legally sue DaimlerChrysler under two federal and state consumer warranty protection laws. The state Supreme Court's decision overturned a Court of Appears ruling that gave the man the right to sue the automaker. The court reached its decision on grounds that the laws only apply to purchasing customers - not lessees.

Arizona Supreme court rules lessee can't sue automaker over lemon originally appeared on Autoblog on Thu, 16 Mar 2006 13:30:00 EST. Please see our terms for use of feeds.

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