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26 Dec, 2007 4:19 am by Michael J. Hassen
... the odometers in certain vehicles overstated the actual mileage. Vaughn v. American Honda Motor Co., Inc., 507 F.3d 295, 297 (5th Cir. 2007). ... , 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. ... . (Footnote omitted.) Accordingly, the Court granted the motion and reduced the bond amount to $1,000. Id. Download PDF file of Vaughn v. American Motor Company
Class Action Defense Blog - http://classactiondefense.jmbm.com/
10 Jul 8:39 am
... IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE YAMAHA MOTOR COMPANY, LTD., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; JACK R. ... Convention 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, ... an intermediate appellate court, we are bound by Cosper. (See Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455-456 [intermediate ...
Law Offices of Steven W. Hansen - http://www.swhlaw.com/
6 May 7:43 am
... requirements in conditions A-K in the stay (at the end of the stay below). Failure to comply with these provisions means your company will not be able to take advantage of this stay. There are a number of other issues with this ruling. We suspect that a similar stay ... 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 ...
Law Offices of Steven W. Hansen - http://www.swhlaw.com/
19 Mar, 2008 7:03 am by Dan Markel
... 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 ... S. at 421. [19] Honda Motor Co., Ltd. v. Oberg, 512 U.S. 415, 432 (1994). [20] Cooper Indus., Inc. v. Leatherman ... Nothing in the Court's Philip Morris decision changes this outcome. Thus a tobacco company could easily face punitive damages in separate actions for the same misrepresentations it made ...
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
15 Jan, 2008 3:06 am
... 07-cv-02224 Board of Trustees of the University of Illinois, The v. Procter & Gamble Company, The filed 04/23/07 closed 10/02/07 1:07-cv ... -04709 International Securities Exchange , LLC v. Chicago Board Options Exchange, Inc. filed 08/20/07 1:07-cv-04729 Niro, Scavone, ... :07-cv-04903 Memory Control Enterprise, LLC v. American Honda Motor Company,Inc. et al filed 08/30/07 1:07- ... :07-cv-06297 Connetics Corporation et al v. Pentech Pharmaceuticals, Inc. filed 11/06/07 1:07-cv-06298 Pressure Specialist, ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
23 Oct, 2008 1:00 pm by Bruce Nye
... manufacturers. The requirements for passenger vehicle restraint systems in the United States are established by Federal Motor Vehicle Safety Standard ("FMVSS") 208, set by the National Highway Traffic Safety ... not so much. Yesterday, the Court of Appeal decided Williamson v. Mazda Motor of America (October 22, 2008) ___Cal.App.4th ___ (G038845). The vehicle in ... . Supreme Court's more recent holding in Geier v. American Honda Motor Company, Inc. (2000) 529 U.S. 861 finding preemption of a product ...
Cal Biz Lit - http://www.calbizlit.com/cal_biz_lit/
6 Nov, 2007 4:26 am
Per Vaughn v. American Honda Motor Company Inc., --- F.3d ----, 2007 WL 3172068 (5th Cir. Oct. 31, 2007): The district court did not affirmatively assess attorney's fees against the objectors, conditionally or otherwise, pursuant to a fee- ... ("[W]e conclude that Rule 7 does not authorize a bond to cover estimated costs of attorneys' fees."), and In re Am. President Lines, Inc., 779 F.2d 714, 716 (D.C.Cir.1985) ("The costs referred to [in Rule 7] are simply those that may be ...
Federal Civil Practice Bulletin - http://federalcivilpracticebulletin.blogspot.com
5 Nov, 2007 11:23 pm by A. Benjamin Spencer
Per Vaughn v. American Honda Motor Company Inc., --- F.3d ----, 2007 WL 3172068 (5th Cir. Oct. 31, 2007): The district court did not affirmatively assess attorney's fees against the objectors, conditionally or otherwise, pursuant to a fee- ... ("[W]e conclude that Rule 7 does not authorize a bond to cover estimated costs of attorneys' fees."), and In re Am. President Lines, Inc., 779 F.2d 714, 716 (D.C.Cir.1985) ("The costs referred to [in Rule 7] are simply those that may be ...
Split Circuits - http://splitcircuits.blogspot.com
19 Mar, 2008 10:31 am by Andis Kaulins
... . LEVEL 3 Booth Company 308 Acura 707 Aston Martin 711 Audi 704 Bentley 304 American Honda Motor Co., Inc. 906 BMW of ... Law Offices 4509 Kings Universal Products Corp. A Lamborghini 4400 Liquid Lustre, Inc. 4628 Lots Publications 4500 Magic Man Productions 4800 Marriott Vacation Club ... patentability? How is that an "invention"? And how not? As written at the Attentio blog, "Attentio™ provides European companies with market monitoring and analysis tools that continuously track a broad range of media ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
15 Jul, 2008 12:59 pm by Michael Stevens
... Act ("TPLA"), the district court granted summary judgment to Defendant-Appellee American Honda Motor Company ("Honda") after considering several unsworn letters from various experts ... Internal Revenue 08a0249p.06 2008/07/09 USA v. Ford Motor Co Eastern District of Michigan at Detroit 08a0250a.06 2008/07/09 ... verdict in an automotive products liability action in favor of defendants BMW of North America, Inc., a BMW distributor, and Bayerische Motoren Werk Aktiengesellschaft (BMW AG), the manufacturer ...
Sixth Circuit Cases - http://kentuckylaw.typepad.com/sixth_circuit_cases/
2 Jul 5:18 am by Beck/Herrmann
... a typical smoking case with allegations of inadequate warnings about the risks of smoking. The defendant tobacco company moved for summary judgment on the warning claim, which was denied. The trial court interposed a ... the doctor's] conduct." 912 So.2d 1109 (quoting Wyeth Laboratories, Inc. v. Fortenberry, 530 So.2d 688, 691 (Miss.1988)). This causation standard ... Wisconsin do not recognize the heeding presumption. See Gurley v. American Honda Motor Co., Inc., 505 So.2d 358, 361 (Ala. 1987) (warning ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
28 Jul, 2008 7:20 am by Roy A. Mura
... the accident, Johnson was insured by the then nine-year-old Long Island Insurance Company (LIICO) under an automobile insurance policy that excluded "liability arising out of the ownership ... Subsequent to Allstate, the Appellate Division, Second Department held in Tully Const. Co., Inc. v TIG Ins. Co. (43 AD3d 1150 [2007]), that a 42-day delay ... 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 ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
12 Feb 2:56 pm
... 10, 2009 seeking exemptions or exclusions from the lead limits for various reasons. It seems the BPSA was in good company as the Motorcycle Industry Council was also petitioning. The letters in response to the petitions were all about the ... Suzuki Motor Corporation, Arctic Cat Inc., Kawasaki Motors Corp., U.S.A., American Honda Motor Co., Inc., and Yamaha Motor Corporation (January 27, 2009) and Response from CPSC General Counsel (February 9, 2009) Also on Feb 12, 2009 the CPSC issued a Notice ...
Law Offices of Steven W. Hansen - http://www.swhlaw.com/
29 Apr, 2008 2:17 pm
... with 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) ("[W] ... Co., 50 Cal. Rptr. 2d 224, 225 (Ct. App. 1996) ("If [an insurance company] seeks to discover only the evidence that defeats the claim it holds its own interest above that of ... complaint, to determine whether the alleged injuries are covered by insurance. Illinois - Tews Funeral Home, Inc. v. Ohio Cas. Ins. Co., 832 F.2d 1037, 1042 (7th Cir. 1987 ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
2 Aug, 2008 1:37 am by Lawrence B. Ebert
... and Friedman on the panel). This is a big money case; CNNMoney noted: An attorney for RCT said Friday that the company is seeking "in excess" of $ 500 million in damages. Something very odd was going on at the district court level. Zusha ... , Bonlender v. American Honda Motor Co. Inc., 07-55258, a 9th Circuit panel threw out Real's order certifying a nationwide class against the car company, saying the judge abused his discretion by certifying the class on his own "without making any findings ...
IPBiz - http://ipbiz.blogspot.com
6 Aug, 2008 8:46 pm
... were maintained by at least five automobile manufacturers: the General Motors Corporation, the Ford Motor Company, the Chrysler Corporation, the American Honda Motor Company and Toyota Motor Sales U.S.A. Inc. What does this mean to you. You need to be aggressive in confronting the authorized dealership when they are repairing you car for repeated problems because you never know if there is a known defect for which the ...
New Jersey Lemon Law Lawyer Blog - http://www.newjerseylemonlawlawyerblog.com/
16 Apr 5:57 pm by Bruce Nye
... every time the Supremes considered a preemption case, it found preemption Geier v. American Honda Motor Company, 529 U.S. 861 (2000) - preemption even when there is ... . Garamendi, 539 U.S. 396 (2001) - California statute provided that insurance companies doing business in California who had sold Holocaust-era policies in Europe had to ... -union activity. Preempted by Federal labor regulatory scheme. Riegel v. Medtronic, Inc., 128 S.Ct. 999 (2008) - preemption clause in the medical device amendments to ...
Cal Biz Lit - http://www.calbizlit.com/cal_biz_lit/
21 Nov, 2007 12:33 am
... the full text of articles listed STATE DECISIONS: Koruba v. American Honda Motor Co. Inc. et al "Plaintiff's failure to adequately warn claim against ... tenant's commission of a 'disorderly persons offense.' " Morel v. State Farm Insurance Company "Where the trial judge confirmed the arbitration award without ruling on plaintiff's specific ... who purchased stock outside of the country and, thus, those claims are dismissed." Reichhold Inc. v. United States Metal Refining Co. et al "The court clarifies ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
23 Nov 6:35 am
... recklessness, carelessness, and negligence" caused serious personal injuries to David, Liberty Mutual Insurance Company apparently declined to defend or indemnify Rhodes under her parents' homeowners policy with Liberty, ... Co. of Hartford v Cook, 7 NY3d 131, 137; Fitzpatrick v American Honda Motor Co., 78 NY2d 61, 65-66; Physicians' Reciprocal Insurers v Loeb, ... of Hartford v Cook, 7 NY3d 131, 137-138; Merchants Ins. of N.H., Inc. v Weaver, 31 AD3d 945). In New York and other jurisdictions there are ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
... Weinstein certified a class consisting of "tens of millions" of smokers against eight tobacco companies on this theory. The Second Circuit reversed the certification decision, reaching a number of significant conclusions ... Second Circuit cited Oscar Private Equity Invs. v. Allegiance Telecom. Inc., 487 F.3d 261, 270 (5th Cir. 2007), which similarly ... members of a nationwide class. In one example, the Ninth Circuit in Mazza v. American Honda Motor Co., No. 09-80000, is currently considering a Rule 23(f ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
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