ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Appellate Law Blogs -> Illinois Appellate Lawyer Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Appellate Law

: Illinois Appellate Lawyer Blog

Car Buyer?s Compliance With Pre-Suit Dispute Resolution Procedure A Question Of Law

By Steven R. Merican

ADVERTISEMENTS

Edmond Jones sued Nissan because, he claimed, the car he bought was a lemon. The purchase agreement required Jones to submit his claim to an automotive complaint resolution program before he was allowed to sue in court. He did that twice, and twice his claim was dismissed. It was dismissed the first time because he missed the scheduled vehicle inspection time. It was dismissed the second time because, it having been repossessed, he no longer owned the car.

Jones then filed a lawsuit against Nissan. Nissan asked the court to dismiss the case because Jones did not comply with Nissan?s the informal dispute settlement procedure. The trial court agreed and dismissed the lawsuit. Jones then appealed.

Jones and Nissan first argued about the proper standard of review in the appellate court. Jones argued for a de novo standard of review, which is typical when an appellate court considers whether a motion to dismiss a complaint was properly granted. Nissan stated that the trial court?s dismissal should get more deference, and argued for an abuse of discretion standard.

The Second District Illinois Appellate Court sided with Jones because, it said, it was confronted with a question of law. ?? [T]he trial court?s ? finding that noncompliance with Auto Line?s eligibility requirements [the informal resolution procedure] can bar plaintiff from filing suit under Magnuson-Moss is a determination of law, not a factual finding. Where the question presented is one of law, our review is de novo.?

In the end, the appellate court reversed the dismissal. Read the whole case, Jones v. Nissan North America, No. 2-07-0448 (9/11/08), by clicking here.

Full post as published by Illinois Appellate Lawyer Blog on November 19, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 11/03/26 06:28:32)