LEADING NEW JERSEY LEMON LAW CASES

Here is a list of some of the leading New Jersey lemon law cases, compiled by Lexis, www.Lexis.com
 

"Samuel-Bassett v. Kia Motors Am., Inc., No. 03-1427 , UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT , 357 F.3d 392; 2004 U.S. App. LEXIS 1739; 52 U.C.C. Rep. Serv. 2d (Callaghan) 909; CCH Prod. Liab. Rep. P16,882, November 3, 2003, Argued, February 5, 2004, Filed, As Amended February 19, 2004. On remand at, Class certification denied by, in part, Class certification granted by, in part Samuel-Bassett v. Kia Motors Am., Inc., 68 Pa. D. & C.4th 270, 2004 Pa. Dist. & Cnty. Dec. LEXIS 223 (2004)

OVERVIEW: Purchaser failed to establish the amount in controversy for diversity jurisdiction purposes in his UCC breach of warranty claim because even adding consequential damages to a conjectural estimate of value failed to establish anything near $ 75,000.

CORE TERMS: amount in controversy, Consumer Protection Law, repair, actual damages, jurisdictional amount, purchase price, removal, subject matter jurisdiction, jurisdictional, diversity ...

... used under the Automobile Lemon Law. See id. at 26-27 ...
... loss under the state's Lemon Law. Id. at 588-89. The ...
... van. We noted that under the Lemon Law a claimant was required to ...

6. Harrison v. Nissan Motor Corp. in U.S.A., No. 95-1300, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, 111 F.3d 343; 1997 U.S. App. LEXIS 7137, December 17, 1996, Reargued, April 15, 1997, Filed

OVERVIEW: Car buyer was not required to exhaust lemon law ADR procedure before filing suit, because the procedure was not reasonably expected to settle his dispute with the automaker.

CORE TERMS: arbitration, Lemon Law, resort, consumer, dispute resolution, informal, motion to dismiss, manufacturer, claimant, warranty ...

... pursuant to the Pennsylvania Automobile Lemon Law, 73 P.S. § 1951 ...
... by Nissan under the Lemon Law. We need not decide if ...
... Under the Pennsylvania Automobile Lemon Law ("Lemon Law"), "any purchaser of a new ...
... By the terms of the Lemon Law, id., before a ...
... first resort" requirement of the Lemon Law. As explained in the text, the ...
... in mind, but the Lemon Law requires that qualifying mechanisms ...
... regulations. es.

CORE TERMS: drafting, deposition, compensable, Lemon Law, excessive, hourly rate, postage, preparation, billed, spent ...

...

12. Cardona v. GMC, CIVIL ACTION NO. 95-2973, CIVIL ACTION NO. 95-1476 CONSOLIDATED APPEALS, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, 939 F. Supp. 351; 1996 U.S. Dist. LEXIS 13860, September 20, 1996, Decided, September 20, 1996, ORIGINAL FILED

OVERVIEW: In "lemon law" cases against car corporation, court denied motion brought by attorneys to amend court's order, which disqualified them from further representing plaintiffs, to include certification of interlocutory appeal and to grant a stay pursuant to 28 U.S.C.S. § 1292(b). An interlocutory appeal would only result in further delay to plaintiffs.

CORE TERMS: interlocutory appeal, certification, difference of opinion, materially, screen, Rules of Professional Conduct, ethics, termination, amend, alien ...

... actions are relatively straightforward "lemon law" cases. If this order were certified and ...
... necessary to litigate a lemon law case, whether on the plaintiff or the defense ...
... in prosecuting a "lemon law" case, it is obvious that interlocutory ...

13. Cardona v. GMC, CIVIL ACTION NO. 95-2973, CIVIL ACTION NO. 95-1476 CONSOLIDATED APPEALS, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, 942 F. Supp. 968; 1996 U.S. Dist. LEXIS 11605, August 8, 1996, Decided, August 8, 1996, FILED, ENTERED ON THE DOCKET

OVERVIEW: Disqualification of client's attorney in lemon law case who had represented opposing corporation was upheld under New Jersey Rules of Professional Conduct 1.9, 1.10 because representations were substantially related and had appearance of impropriety.



16. MELE v. BMW OF NORTH AMERICA, INC., CIVIL ACTION NO. 93-2399 (JEI), UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, 1993 U.S. Dist. LEXIS 16185, November 12, 1993, Decided, November 12, 1993, Filed

CORE TERMS: amount in controversy, subject matter jurisdiction, pendent, diversity, jurisdictional amount, amount-in-controversy, calculation, Warranty Act, warranty, consumer ...

... under the New Jersey Lemon Law, the Magnuson-Moss Warranty ...
... under the New Jersey Lemon Law, N.J.S.A. 56:12-1 ...

17. Thiedemann v. Mercedes-Benz USA, LLC, A-41 September Term 2004 , SUPREME COURT OF NEW JERSEY , 183 N.J. 234; 872 A.2d 783; 2005 N.J. LEXIS 579, January 19, 2005, Argued, May 18, 2005, Decided

OVERVIEW: Fuel gauge defects in cars that were addressed at no cost to purchaser did not provide predicate "loss" that Consumer Fraud Act (CFA), N.J. Stat. Ann. §§ 56:8-1 to -20, required for private claim under CFA. CFA and New Jersey's Lemon Law would be in conflict if CFA were to accept as proof of loss occurrence of defect that was addressed by warranty.

CORE TERMS: ascertainable loss, fuel, warranty, repair, consumer, gauge, manufacturer, summary judgment, cause of action, sending ...

... dealer under Pennsylvania's lemon law, they turned in the 1999 ...
... defects. New Jersey's Lemon Law Act, N.J.S.A. 56:12-29 to -49 ...
... delivery to a consumer. The Lemon Law allows a car ...
... remedies attach. The CFA and the Lemon Law would be in conflict if the CFA were to ...
... under the New Jersey Lemon Law Act, N.J.S.A. 56:12-29 to -49 ...
... under the Pennsylvania Automobile Lemon Law, Pa. Stat. Ann. tit. 73, § 1951 ...
... Berrie v. Toyota Motor Sales, USA, Inc., 267 N.J. Super. 152, 154, 630 A.2d 1180 (App. Div. 1993) (Lemon Law claim); General Motors Acceptance Corp. v. Jankowitz, 216 N.J. Super. 313, 320-21, 523 A.2d 695 (App. Div. 1987) ...
... consumers. There is also the New Jersey Lemon Law Act, N.J.S.A. 56:12-29 to -49 (Lemon Law). Finding that "the purchase of a ...
... New Jersey Automobile Lemon Lawto require the manufacturer of a ...
... a warranty program, when the Lemon Law will allow a ...
... warranty program before the Lemon Law remedies attach. The Lemon Law encourages voluntary remedial ...

19. Sherman v. Citibank (S.D.), N.A., A-102 September Term 1994 , SUPREME COURT OF NEW JERSEY , 143 N.J. 35; 668 A.2d 1036; 1995 N.J. LEXIS 1355, February 15, 1995, Argued, November 28, 1995, Decided, Certiorari Granted June 10, 1996, Reported at: 517 U.S. 1241, 116 S. Ct. 2493, 135 L. Ed. 2d 186, 1996 U.S. LEXIS 3723.

OVERVIEW: Judgment for bank was reversed in favor credit card holder because late charges for credit card holders imposed by national banks violated New Jersey's usury laws for charges before May 29, 1995 when the state statute was amended.

CORE TERMS: late fees, lender, national bank, banking, customer, retail, interest rate, state law, home state, late-payment ...

... upholding New York's "Lemon Law" against a claim that ...

20. Perkins v. DaimlerChrysler Corp., DOCKET NO. A-2779-04T5 , SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION , 383 N.J. Super. 99; 890 A.2d 997; 2006 N.J. Super. LEXIS 33, November 14, 2005, Argued, February 8, 2006, Decided, Approved For Publication February 8, 2006.

OVERVIEW: Where a vehicle buyer sued the manufacturer under the New Jersey Consumer Fraud Act, N.J. Stat. Ann. §§ 56:8-1 to -20, as an allegedly substandard part did not fail or require repair or replacement within the warranty period, she failed to state a claim under the CFA, as she did not sustain an "ascertainable loss" under N.J. Stat. Ann. § 56:8-19.

CORE TERMS: ascertainable loss, warranty, manifold, exhaust, repair, fuel, resale, replacement, gauge, manufacturer ...

... meaningless the New Jersey Lemon Law Act, N.J.S.A. 56:12-29 to -49 ...

OVERVIEW: A car buyer was entitled to have his lemon law claim reinstated because considering collateral charges allowed him to meet the amount in controversy requirement.

CORE TERMS: van, amount in controversy, suspension, dealership, finance, repair, Lemon Law, consumer, manufacturer, breach of warranty ...

... appeal in a "Lemon law" case presents the question whether the ...
... under the New Jersey Lemon Law, N.J.S.A 56:12-36. ...
... New Jersey Automobile Lemon Law, N.J.S.A § 56:12-29 ...
... Moss Warranty Act or the Lemon Law is the full refund price of the ...
... IV. The New Jersey Lemon Law The New Jersey Lemon Law provides a remedy to ...
... Suber could not prevail on his Lemon Law claim. If successful on his Lemon Law claims, Suber could recover the ...
... According to Suber, his total Lemon Law damages are $ 40,015.20. As stated on his ...
... required to be deducted pursuant to the Lemon Law is $ 1,389.10, which brings the total to $ ...
... Concomitantly, had Suber been awarded Lemon Law damages by the district ...
... damages under Pennsylvania Lemon Law). n10 Accordingly, it seems to us that ...
... can determine whether Suber's Lemon Law claim allows him to establish ...
... mere breach of warranty. The Lemon Law has defined certain practices as ...
... 19. Suber contends that his Lemon Law damages of $ 40,015.10 are also his NJCFA ...
... rule, we think that Suber's Lemon Law and NJCFA claims can ...
... sought to be remedied by the Lemon Law and the Consumer Fraud Act are, ...
... fact, qualitatively different: the Lemon Law seeks to put a ...
... n12 as well as whether Suber's Lemon Law and NJCFA claims can be ...
... Despite the similarities of this provision to the Lemon Law, whether a plaintiff satisfies the ...
... established diversity jurisdiction with his Lemon Law or NJCFA claim, the court ...

8. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., Civil Action No. 04-4900 (WHW) , UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY , 2005 U.S. Dist. LEXIS 22166, September 30, 2005, Decided, FOR PUBLICATION

OVERVIEW: Non-binding arbitration provisions fell outside the Federal Arbitration Act, 9 U.S.C.S. § 1 et seq., where it was unlikely that non-binding arbitration would settle the parties' dispute. A magistrate judge had authority to enter a pretrial scheduling order while a motion to compel arbitration was pending.

CORE TERMS: arbitration, scheduling, deposition, non-binding, pretrial, arbitrator, compel arbitration, partner, modified, principal place of business ...

... arbitration under the Pennsylvania Lemon Law did not fall under the ...

9. Liberty Lincoln-Mercury v. Ford Motor Co., Civil Action No. 96-6037(MTB), UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, 8 F. Supp. 2d 450; 1998 U.S. Dist. LEXIS 7900, May 27, 1998, Decided, May 28, 1998, Original Filed, Vacated by, Remanded by Liberty Lincoln-Mercury, Inc. v. Ford Motor Co., 171 F.3d 818, 1999 U.S. App. LEXIS 4255 (3d Cir. N.J., 1999)

OVERVIEW: A manufacturer's automobile service contracts were not "warranties" under New Jersey's Automobile Warranty Reimbursement Act; therefore, the Act did not apply to reimbursements for repairs made by a dealer under the service contracts.

CORE TERMS: warranty, dealer, repair, service contract, manufacturer, fitness, seller, motor vehicle, consumer, summary judgment ...

... Jersey's New Vehicle Lemon Law (the "New Vehicle Lemon Law"), N.J.S.A. 56:12-29 ...
... purpose of the New Vehicle Lemon Law is to require manufacturers of new ...
... Act, the New Vehicle Lemon Law defines the terms "manufacturer's ...
... pursuant to the New Vehicle Lemon Law. Contracts that ...
... context of the New Vehicle Lemon Law, a case in which the ...
... claim under that state's lemon law, which provides protection during the ...
... similar to the New Vehicle Lemon Law's definition, the Code's definition of the ...
... Jersey's Used Vehicle Lemon Law, N.J.S.A. 56:8-67 ...
... 1995, the Used Vehicle Lemon Law, among other things, ...
... Act or the New Vehicle Lemon Law, the Used Vehicle Lemon Law defines both of the terms at ...
... overrules the New Vehicle Lemon Law definition). The definitions contained in the Used Vehicle Lemon Law clearly apply only to ...
... satisfy the Used Vehicle Lemon Law definition and, therefore, should be considered a ...
... Act, the New Vehicle Lemon Law, nor the New Jersey version of the ...

10. Singer v. Land Rover N. Am., CIVIL ACTION NO. 96-1947, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, 955 F. Supp. 359; 1997 U.S. Dist. LEXIS 3173, March 18, 1997, Decided, March 18, 1997, ORIGINAL FILED

OVERVIEW: A manufacturer's motion for partial summary judgment to a cause of action by a vehicle lessee for an alleged violation of New Jersey's Consumer Protection Law was denied, because the lessee was entitled to bring the claim against the manufacturer even though he was leasing the vehicle and had not delivered it to the manufacturer.

CORE TERMS: consumer, manufacturer, lessor, Lemon Law, lessee, lease, motor vehicle, New Jersey's Lemon Law, summary judgment, purchaser ...

... Consumer Protection Law ("Lemon Law"). n1 N.J. Stat. Ann. §§ 56:12-29 ...
... Fed. R. Civ. P. 56(b) on plaintiff's Lemon Law claim. Land Rover ...
... remedies provided by the Lemon Law. n1 The complaint also ...
... construe New Jersey's Lemon Law in a factual ...
... Under New Jersey's Lemon Law, N.J. Stat. Ann. §§ 56:12-29 ...
... successful claimant under the Lemon Law statute, who has purchased a ...
... argues therefore, that New Jersey's Lemon Law provides only a " ...
... brings an action under the Lemon Law and subsequently returns the vehicle to the ...
... afforded by the Pennsylvania "Lemon Law," however, by its very terms, does not ...
... within the meaning of Pennsylvania's Lemon Law). By contrast, New Jersey's Lemon Law specifically covers lease ...
... sought to maintain a Lemon Law action after having "traded ...
... court ruled that the Pennsylvania Lemon Law only protected "purchasers," ...
... vehicle. n6 The Pennsylvania Lemon Law does not specifically authorize such ...
... in part because the Delaware Lemon Law's definition of "consumer" is more ...
... out that the New Jersey Lemon Law merely grants lessees the " ...
... lemon." The New Jersey Lemon Law also provides that the lessor shall ...
... Section 56:12-35 of the Lemon Law, mandating that the manufacturer include ...
... remedial scheme, it cannot be said that the Lemon Law is intended to protect lessors. ...
... plaintiff derides such an interpretation of the Lemon Law as unfairly "requiring a ...
... in New Jersey's Lemon Law that a prevailing consumer ...
... a remedy under the Lemon Law, even if the vehicle cannot be ...
... In construing Pennsylvania's Lemon Law, Pennsylvania's intermediate appellate ...
... Purchaser", under Pennsylvania's Lemon Law is limited to those having possession of the vehicle ...
... statute than the New Jersey Lemon Law, which, by its express terms, ...
... in a Pennsylvania Lemon Law action, the lesson to be learned from ...
... protected by the Pennsylvania Lemon Law. n7 To apply the reasoning of the ...
... cases to New Jersey's Lemon Law would work a much ...
... in a Pennsylvania Lemon Law action to retain a ...
... purpose of New Jersey's Lemon Law is to provide "procedures to expeditiously ...
... N.J. Stat. Ann § 56:12-29. Clearly, the Lemon Law is a remedial statute. As such, courts should construe the Lemon Law liberally to achieve its remedial ...
... Young v. Schering Corp., 141 N.J. 16, 25, 660 A.2d 1153 (1995). The New Jersey Lemon Law specifically affords relief to ...
... final adjudication of a Lemon Law suit. To require the lessee, ...
... protection of New Jersey's Lemon Law. Furthermore, although many " ...
... construction of New Jersey's Lemon Law which absolutely bars recovery when the ...
... about to expire. n8 It is the Lemon Law's stated aim to "expeditiously ...
... scheme of New Jersey's Lemon Law, an appropriate remedy can be ...
... in New Jersey's Lemon Law. IV. Conclusion For the ...

 Psensky v. Am. Honda Fin. Corp., DOCKET NO. A-2166-04T5F , SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION , 378 N.J. Super. 221; 875 A.2d 290; 2005 N.J. Super. LEXIS 188, May 3, 2005, Argued, June 15, 2005, Decided, Approved for Publication June 15, 2005.

OVERVIEW: Trial court erred in denying assignee's summary judgment motion as assignee could only be held liable, pursuant to the Truth In Lending Act, 15 U.S.C.S. § 1601-1667f, for violations that a reasonable person could spot on face of the disclosure statement or other assigned documents and car buyer had not shown any such violation.

CORE TERMS: assignee, disclosure, consumer, state law, preemption, holder, FTC Holder Rule, preempted, wrongdoing, assigned ...

... consumer may assert lemon law rights against the assignee. Taylor, supra, 150 F.3d at 693 ...
... assignee to answer a lemon law allegation has no connection with the ...

22. Ryan v. Am. Honda Motor Corp., DOCKET NO. A-2975-02T2 , SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION , 376 N.J. Super. 185; 869 A.2d 945; 2005 N.J. Super. LEXIS 97, November 3, 2004, Argued, March 30, 2005, Decided, Approved for Publication March 30, 2005. Certification granted by Ryan v. Am. Honda Motor Co., 185 N.J. 36, 878 A.2d 853, 2005 N.J. LEXIS 1060 (2005) Affirmed in part and modified in part by Ryan v. Am. Honda Motor Co., 2006 N.J. LEXIS 168 (N.J., Feb. 27, 2006)

OVERVIEW: A lessee of a vehicle was a consumer as that term was defined by the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (Act), 15 U.S.C.S. §§ 2301-2312, and the lessee's cause of action under the Act was improperly dismissed via summary judgment in favor of the manufacturer.

CORE TERMS: warranty, consumer, lessee, lease, buyer, supplier, resale, dealer, summary judgment, manufacturer ...

... under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49 ...
... limit for a Lemon Law claim; and lack of standing because the ...
... Ryan was permitted to withdraw his Lemon Law claim without prejudice, ...
... discovery "confirmed that a 'Lemon-Law' claim was not viable ...
... miles specified in the Lemon Law. N.J.S.A. 56:12-31. The ...

23. GMAC v. Cahill, DOCKET NO. A-2891-03T1 , SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION , 375 N.J. Super. 553; 868 A.2d 1078; 2005 N.J. Super. LEXIS 74, January 12, 2005, Argued, March 8, 2005, Decided, Approved for Publication March 8, 2005. Certification denied by GMAC v. Cahill, 183 N.J. 591, 874 A.2d 1109, 2005 N.J. LEXIS 770 (N.J., May 23, 2005)

OVERVIEW: Language in N.J. Stat. Ann. § 56:12-67b providing for one-business-day review of consumer vehicle leases was directory, not mandatory, so that consumers who waived review period after full disclosure of lease terms, in accordance with N.J. Admin. Code tit. 13, § 14A-28.8(d) (1996), could not attack validity of lease on which they had defaulted.

CORE TERMS: lease, consumer, lessee, regulation, signing, dealer, waiver form, one-business-day, notice, waive ...

... N.J.S.A. 56:12-48 (Lemon Law) ("Any agreement entered into by ...

24. Thiedemann v. Mercedes-Benz USA, LLC, DOCKET NO. A-2948-02T5 , SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION , 369 N.J. Super. 402; 849 A.2d 196; 2004 N.J. Super. LEXIS 189, March 3, 2004, Argued, May 27, 2004, Decided, Approved for Publication May 27, 2004. Certification granted by Thiedemann v. Mercedes-Benz USA, LLC, 181 N.J. 547, 859 A.2d 692, 2004 N.J. LEXIS 1083 (2004) Reversed by, Remanded by Thiedemann v. Mercedes-Benz USA, LLC, 183 N.J. 234, 872 A.2d 783, 2005 N.J. LEXIS 579 (N.J., May 18, 2005)

OVERVIEW: Car owners' allegations of a defective gas gauge that impacted the cars' safety sufficiently established damages for purposes of the New Jersey Consumer Fraud Act to withstand summary judgment even though the damages were not quantified.

CORE TERMS: fuel, sending, repair, gauge, driver, summary judgment, replacement, discovery, warranty, ascertainable loss ...

... Pennsylvania under the Pennsylvania Lemon Law. In June 2000, the Flahertys settled the Lemon Law suit and released all claims ...

25. Div. of State Police v. Maguire, DOCKET NO. A-4922-02T3 , SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION , 368 N.J. Super. 564; 847 A.2d 614; 2004 N.J. Super. LEXIS 167, March 2, 2004, Submitted, May 11, 2004, Decided, Approved for Publication May 11, 2004. Certification denied by Div. of State Police v. Maguire, 181 N.J. 545, 859 A.2d 690, 2004 N.J. LEXIS 1120 (N.J., Sept. 8, 2004)

OVERVIEW: In a trooper's appeal of a final decision suspending him as a result of an off-duty road-rage incident, the trooper was entitled to a new hearing before an ALJ, because a State Police summary discipline action constituted a contested case.

CORE TERMS: trooper, discipline, hearing officer, disciplinary, suspension, disciplinary hearing, state police, recommended, contested, regulation ...

... N.J.A.C. 1:13A-9.1 (Lemon Law--"Unless the consumer agrees to ...

26. Poli v. DaimlerChrysler Corp., A-30-00T1 , SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION , 349 N.J. Super. 169; 793 A.2d 104; 2002 N.J. Super. LEXIS 149; 2002-1 Trade Cas. (CCH) P73,621; 47 U.C.C. Rep. Serv. 2d (Callaghan) 260, October 10, 2001, Submitted, March 15, 2002, Decided, Approved for Publication March 15, 2002. As Corrected March 21, 2002.

OVERVIEW: Causes of action for breach of warranty and violations of Magnuson-Moss Act, based upon car buyer's claims under extended powertrain warranty, did not accrue until seller refused to repair or replace goods, not upon tender of delivery.

CORE TERMS: warranty, repair, powertrain, belt, seller, replace, timing, Lemon Law, delivery, cause of action ...

... asserted claims under the Lemon Law, N.J.S.A. 56:12-29 to - ...
... a claim under the Lemon Law and that plaintiff's other claims were ...
... plaintiff's claim under the Lemon Law was barred because he had not given ...
... affirm the dismissal of plaintiff's Lemon Law claim, but reverse the ...
... a claim under the Lemon Law, a complaint must ...
... for relief under the Lemon Law, he is entitled to return the vehicle to the ...
... plaintiff. Thus, the period of protection the Lemon Law provides a purchaser of ...
... a claim under the Lemon Law, which only applies to an uncorrected ...
... responsible for administration of the Lemon Law, see DiVigenze v. Chrysler Corp., 345 N.J. Super. 314, 329-31, 785 A.2d 37 (App. Div. 2001), ...
... 171 N.J. 442, 794 A.2d 181 (2002), rejected a Lemon Law claim under facts ...
... cause of action under the Lemon Law. II We turn next to the ...
... affirm the dismissal of plaintiff's Lemon Law claim, but reverse the" ...