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22 Dec, 2006 6:00 am
... (Second Appellate District, Division Eight) published its opinion in Daugherty v. American Honda
Motor Co., ___ Cal.App.4th ___ (Oct. 31, 2006). ... cases, requires repair or replacement of the engine." Slip op. at 2. According to
the plaintiffs, Honda knew or should have known about the defect, yet failed to disclose it to consumers. The complaint ... price attributable
to the non-disclosure. See Colgan v. Leatherman Tool Group, Inc., 135 Cal.App.4th 663 (2006). For this and other reasons, the Supreme ...
20 Mar, 2007 6:00 am
In Alan v. American Honda Motor Co., ___ Cal.4th ___
(Mar. 15, 2007), the Supreme Court did not address the appealability of orders denying class certification per ... triggered the 60-day period of Rule of Court 8.104(a)(1). Alan v.
American Honda Motor Co., 131 Cal.App.4th 886
(2005). The Supreme Court disagreed: Because ... required to speculate about jurisdictional time limits." (Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins.
Agency, Inc. (1997) 15 Cal.4th 51, 64.) Slip op. at ...
30 Jan, 2007 6:00 am
The Supreme Court is again in session this morning and another case potentially of interest to wage and hour attorneys is set for oral argument on the 9:00 a.m. calendar: Alan v.
American Honda Motor Co. Inc., S137238,
B165756; 131 Cal.App.4th 886; Superior Court of Los Angeles County; BC195461. The order granting review framed the issue as follows: Petition for review after the Court of Appeal
dismissed an appeal in a ...
26 Dec, 2007 4:19 am
... of Class Action Settlement Fifth Circuit Holds Plaintiffs filed a class action against American Honda Motor alleging that the odometers in certain vehicles overstated the actual mileage. Vaughn v. American Honda Motor Co., Inc., 507 F.3d 295, 297 (5th Cir.
2007). Eventually the ... extensions, lease refunds, and repair reimbursements." Id. The class action settlement was estimated to cost Honda
$115 million, but "[the] value on the open market would be approximately $244 million." Id. ...
23 Oct, 2007 1:45 pm
True v. American Honda Motor Co., Inc., ---
F.Supp.2d ----, 2007 WL 3054569 (C.D. Cal.) Plaintiff sued for allegedly false and ... methods. Federal law also requires the inclusion of "Actual mileage will vary," but
Honda's print and internet ads downplayed (using "may" instead of "will") or omitted the ... advertising beyond that. Preemption thus only
extends to state regulation of the sticker or the booklet. Honda argued that plaintiff was really challenging EPA testing guidelines, but the
court didn' ...
15 Mar, 2007 12:03 pm
... dismissal of an appeal by the plaintiffs in a class action entitled Alan v. American Honda
Motor Co. Inc. (2006) 131 Cal.App.4th 886. The order granting ... requires either "a document entitled 'Notice of Entry' " or "a
file-stamped copy of the judgment." Honda argued that the two documents, read together, satisfied the elements of Rule 8.104 ... document
triggering the 60-day deadline, the Court of Appeal erred in dismissing the appeal. You can download Alan v. American Honda here in pdf or Word format ...
20 Nov, 2007 6:00 am
... system." Slip op. at 2. The opinion addresses, among other things, the Federal Motor Vehicle Safety Standards promulgated by NHTSA. The
Safety Standards are often the central focus of ... affixed to each of the subject vehicles certifying that the vehicle conformed to all effective Federal Motor Vehicle Safety Standards was false because the parking brake system was defective. Liberally ... 136 Cal.App.4th 1255 and Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824,
835 ["although ...
14 Mar, 2007 4:24 pm
The Supreme Court will issue an opinion tomorrow in Alan v. American Honda Motor Co. Inc., S137238, B165756; 131 Cal.App.4th 886; Superior Court of Los Angeles County; BC195461. The matter was argued on January 30,
2007. The order granting review framed the issue as follows: The court limited review to the following issue: Did the Statement of Decision and Minute Order dated January 2, 2003,
trigger the 60-day ...
24 Jul, 2008 4:09 pm
A federal appeals court removed the controversial U.S. District Judge Manuel Real of Los Angeles from a significant multidistrict class action against American Honda Motor Co. Inc. and ordered a new judge
assigned. The order is the second this year for Real, who has seen at least eight of his cases snapped away by the 9th U.S. Circuit Court of Appeals over the years and given to new
judges. Read The NLJ's full story ...
6 May 7:43 am
The CPSC has granted a stay of enforcement of the lead content requirements in the CPSIA with respect to certain parts of motorized recreational vehicles designed or intended
primarily for children 12 years or age or younger, namely youth all terrain vehicles, youth ... Motor Corporation, Arctic Cat Inc.,
Bombardier Recreational Products Inc., Kawasaki Motors Corp., USA, American Honda
Motor Co., Inc., Yamaha Motor Corporation, USA, and the Motorcycle Industry Council
filed a petition to exclude a ...
19 Mar, 2008 7:03 am
... Punitive damages have a long history.[1] According to the conventional understanding, early Anglo-American courts awarded "exemplary"
damages for a range of purposes, in some cases as compensation to a plaintiff for ... "gross negligence" but its definition approximates what is elsewhere called malice or recklessness.
See Gen. Motors Corp. v. Sanchez, 997 S.W.2d 584, 595 ( Tex. ... U.S. at 421. [19] Honda Motor
Co., Ltd. v. Oberg, 512 U.S. 415, 432 (1994). [20] Cooper Indus., Inc. v. Leatherman Tool ...
10 Jul 8:39 am
... would have meant incurring the expense of translating the pleadings into Japanese. (See Honda Motor Co. v. Superior Court (1992) 10 Cal.App.4th 1043, 1049 ... so is Yamaha- America the "general manager in this State" here, where (unlike Cosper),
Yamaha- America is the American face of the Japanese company: Here, Yamaha-America does have an exclusive arrangement to ... an intermediate
appellate court, we are bound by Cosper. (See Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455-456 [ ...
19 Mar, 2008 10:31 am
... Acura 707 Aston Martin 711 Audi 704 Bentley 304 American Honda Motor Co., Inc. 906 BMW of North America, LLC 510 Buick 508 Cadillac ... 4410/4713/4630 Pocono Marketing International 4614/4711/4718 Prince
Group Inc. 4612 SpeedGear side Showcase Publications 4724 Sunglass Connection 4626 Super ... saying about race in America...." or read Adam McKay, who concludes "It was a
monumental moment in modern American politics." Socratic agrees: "I decided today that there are a lot of good people in the world. ...
7 May, 2008 11:00 am
In Alan v. American Honda Motor Co. Inc.
(2006) 131 Cal.App.4th 886, the Supreme Court reviewed the dismissal of an appeal and considered a discreet issue: Did the ... does not exist with respect to damages is supported by
substantial evidence. DISPOSITION The order is affirmed. Defendant Honda is awarded costs on appeal. You can download the full text of the two
earlier opinions in Alan v. American Honda Motor Co.
Inc. here: the 2005 opinion and the Supreme Court opinion are still posted. Last week ...
2 Jul 5:18 am
... altered [the doctor's] conduct." 912 So.2d 1109 (quoting Wyeth Laboratories, Inc. v. Fortenberry, 530 So.2d 688, 691 (Miss.1988)). This causation standard, ... but it holds
that California would not recognize a heeding presumption. In Motus v. Pfizer Inc., after a lengthy discussion of California precedent, the court summed up: Given that other no
other ... and Wisconsin do not recognize the heeding presumption. See Gurley v. American Honda
Motor Co., Inc., 505 So.2d 358, 361 (Ala. 1987) (warning cases " ...
20 Jul, 2007 11:58 am
... when interpreting a statute "is to determine the drafter's intent." (Alan v. American Honda
Motor Co., Inc. (2007) 40 Cal.4th 894, 902.) In making that determination, we ... statute's purpose, legislative history, and
public policy." (Coalition of Concerned Communities, Inc. v. City of Los Angeles (2004) 34 Cal.4th 733, 737.) ... to avoid a construction that would lead to unreasonable,
impractical, or arbitrary results." (Copley Press, Inc. v. Superior Court (2006) 39 Cal.4th 1272, 1291.) Ultimately, ...
28 Jul, 2008 7:20 am
... Notwithstanding this nearly two-month delay, LIICO asserts that its disclaimer was timely "[s]ince the primary reason for disclaiming coverage herein was not readily apparent
and required ... applied Republic's "disclaim first" approach, albeit without citing to it, in Allstate Ins. Co. v Swinton (27 AD3d 462 [2006]). In Allstate, an insurer's 34- ...
1991, the New York Court of Appeals held in Fitzpatrick v. American Honda Motor Co., Inc., that even in cases in which pleadings do not allege a covered ...
29 Apr, 2008 2:17 pm
... claiming potential liability under the policy is . . . tenuous and farfetched." Giddings v. Industrial Indem. Co., 169 Cal. Rptr. 278, 282 (Ct. App. 1980). Insurers who urge
a ... the allegations of the complaint, give rise to a duty to defend."); Fitzpatrick v. American Honda Motor Co., Inc., 78 N.Y.2d 61, 66-68 (1991) ("[ ... contents, we reject the defendants' argument
that the answer to this interrogatory triggered a duty to defend."); Westfield Ins. Co. v. Kroiss, 694 N.W.2d 102, 106 (Minn. Ct. App ...
17 Oct, 2008 4:10 pm
... were defective because an allegedly flawed component caused the screens to dim. Hewlett-Packard Co. v. Superior Court of Santa Clara County (Rutledge), 2008 WL 4368563 ( ...
the court asked the parties to provide briefing on the effect of Daugherty v. American Honda
Motor Co., Inc., 144 Cal.App.4th 824, 51 Cal.Rptr.3d ... warranty term of three years or 36,000 miles. The plaintiffs contended
that "because the language of Honda's express warranty did not state that the defect must be 'found,' 'discovered' ...
24 Jan, 2007 6:00 am
... 742 (2005) (Sixth Appellate District). My prior posts on this case are here and here. Tuesday, January 30, 9:00 a.m.: Alan v. American
Honda Motor Co. Inc., no. S137238. This case addresses the appealability of orders
denying class certification. See Alan v. American Honda Motor Corp., 131 Cal.App.4th 886 (2005) (Second Appellate District, Division Three). My original post on Alan is here. These arguments will take place in ...
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