Arguments Manufacturers Use in Lemon Law Cases

  1. Different Problems 

    Although Plaintiff raised three different complaints that generally related to her “radio system” during the Lemon Law rights period, none of those concerns constitute a “serious safety defect.” Id Additionally, because each radio-related complaint was different (referring variously to the tape player, the speakers and a software fault), they do not constitute “the same nonconformity subject to repair three or more times.  Turrell v Mercedes, Manufacturer’s Trial Brief

  2. Problem Not Identified in Prior Correspondence 

    Here, Plaintiff sent correspondence to MBUSA describing her alleged hesitation defect, but the correspondence did not describe any transmission, radio or brake system defects. (Ex. H, attaching Letters)

  3. Problem Did Not Substantially Impair Use, Value, or Safety

    “It is generally understood by courts and commentators across the nation that a trivial complaint or merely aggravating defect does not constitute a “substantial impairment.” See, e.g.. General Motors Acceptance Corp. v. Hollanshead, 663 N.E.2d 663 (Ohio Ct. App. 1995) (finding no substantial impairment where “none of the problems defendant had with her vehicle affected its engine, drivetrain, or mechanical functioning in any way.”); Johns v. American Isuzu Motors, Inc., 622 So. 2d 1208 (La. Ct. App. 1993) (a “rattle” that could not be duplicated by technicians working on the car did not constitute a substantial impairment); State v. Martinez, 604 N.W.2d 304 (Wis. App. Ct. 1999) (holding that jury instructions defining “substantially” as “seriously” and stating that “the condition or defect must be more than an annoyance or minor inconvenience” were proper); Mercedes-Benz Credit Corp. v. Lotito, 746 A.2d 480 (N.J. Super. Ct. App. Div. 2000) (finding no substantial impairment where buyer complained of rotten egg smell that was merely a minor inconvenience, and a normal condition of that particular make of car); Jolovitz v. Alfa Romeo Distributors of North America, 760 A.2d 625,628 (Me. 2000) (holding that “substantial” means “being of considerable amount or intensity;” no substantial impairment where an annoying squeak and an occasional odor of gasoline were the only uncorrectable defects).”  Turrell.

  4. Mileage rebuts claim of substantial limitation of use

    One of the well-established standards considered by courts in determining whether the alleged defects objectively impaired the use, value or safety of the vehicle is the extent of the consumer’s use of the vehicle

    Here, Plaintiff has driven the allegedly defective vehicle for significantly longer, and logged significantly more miles, than either of the plaintiffs in Mayhew and Freedman.   Plaintiff has driven the subject vehicle for six years and seven months, and has logged at least 100,000 miles (if not more). Plaintiff admits that she drives the vehicle every day for both business and personal errands, and even drives it on numerous annual vacations throughout the southeast. Plaintiff cannot establish the objective element of the “substantial impairment” test an therefore cannot succeed on her Lemon Law claims.

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    We can help rebut these defenses in your lemon law case.  Call (973) 598-1980 for a Free Consultation

Chevrolet Air-Conditioning Defect: Questions and Answers


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Class Action 

A class action sets forth problems with the air-conditioning systems on multiple GM vehicles.

See In Re Gen. Motors Air  Conditioning Litigation   Our office is presenting claims for inconvenience, repair cost reimbursement and other relief.

Is there a cost to me to present an individual claim

Our office handles Chevrolet air-conditioning claims on a contingency basis with no payment required from the consumer.

What Vehicles are Covered

Car air conditioning
Problems have been reported on GM trucks and SUVs, namely the Cadillac Escalade (model years 2015-2017), the Chevrolet Silverado 1500 (model years 2014-2016), the Chevrolet Suburban (model years 2015-2017), the Chevrolet Tahoe (model years 2015-2017), the GMC Sierra 1500 (model years 2014-2016) and the GMC Yukon (model years 2015-2017).

What types of Problems Have been Reported 

According to the class action, because of the high number of failures, AC System replacement parts are on national backorder and the wait for replacement parts is long – often many months.  Components may  crack and leak refrigerant;  lose pressure within the AC System; and  fail to properly function to provide cooled air into the Vehicle’s passenger cabin.   The Silverado, Suburban, and Tahoes all have significant problems with the air conditioning system that may  break down during normal vehicle operation, with charges for repair due to factory defect.

Call about repair costs of air-conditioning system

Overpayment Claim Against Health Care Company

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The New York Attorney General announced a settlement with a health insurance company regarding overbilling  consumers.

The company charged its insureds improperly out-of-network rates for certain medical providers, including radiologists, pathologists, and anesthesiologists.  Many of the people faced debt-collection lawsuit as a result of overbilling.  The company was also required to  Diagnostic Center, Inc. (“NYMDC”), a New York City health care provider, agreed to cease its practice of balance billing.  When a health care provider “balance bills” a patient, it sends the patient a bill for any amount of its charge that an insurer did not cover—despite the fact that the provider is required to accept the insurer’s payment as payment in full.  New York Attorney General Settles Balance Billing and Overpayment Disputes

If you believe you have been a victim of overbilling, call for a free consultation.


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GM Silverado Tahoe Air-Conditioning Problems

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Consumers have experienced air-conditioning problems on several models.  Owners may be entitled to compensation for repair costs, monthly payments, or inconvenience.  typical problems involving condensor replacement not covered under warranty, a/c not functining.  Hear are some typical complaints.

  1. Complaints

Condenser and hoses recently needed to be replaced. The problem was evident when the AC failed and started blowing hot air.    I  reached out to GMC – 1-800-462-8782 and explained to them that I recently experienced a problem with my air conditioner and it is currently at at GMC dealer getting the condenser and hoses replaced.  This is a common theme about 2014 GMC 1500 Sierra truck owners.

From article:  GM confirms the models affected include the Chevrolet Silverado, Tahoe and Suburban; GMC Sierra, Yukon and Yukon XL; and Cadillac Escalade and Escalade ESV, but did not specify which model years. The complaints we saw were mostly about 2014-2015 models.

If you experienced problems with your GM air-conditioning, call for a Free Consultation.  Claims handled on contingency with no payment needed from client.

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Honda CRV Gasoline Diluting Oil and Gas Smell

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Honda CRV owners have experienced unexpected problems with a gas smell and oil and gas mixture.  Owners may be entitled to compensation or other relief.  Here are some typical complaints.

Oil dilution. 4 oil changes in 2000 miles. Keep going back to Honda, No fix, just change oil. Got a case number from Honda. They closed the case with no solution or explanation as to why. Honda says there is a bulletin coming out which doesn’t happen.

Karla A   Blooming Prairie, MN, US

CR-V Touring 1.5L

  • CVT transmission
  • 4,536 miles

As a new owner of a Honda 2017 CRV Touring with a 1.5 liter Turbo Engine. Before taking it to the Dealer, I check my oil and noticed that the oil was slightly darker in color than normal and I thought, this doesn’t seem normal after driving approximately 3000 kms since my first oil change I did myself. The color of the oil should have been slightly darken but not as if it was driven 25,000 kms.  He said that there was a heavy odor of gasoline in the oil. Then, I realized that my engine is affected as well.

May 182018

CR-V 1.5L

  • CVT transmission
  • 27,808 miles


– Wilbur A., Pittsfield, US

VEHICLE: 2017 Honda CRV Touring – 5 miles when purchased on 05/01/2017 – 2,000 miles when I first noticed there was a problem.

I am at about 6,000 miles now. Initially I noticed a clicking sound emanating from the engine get louder over time.

I was following a CRV forum ( and noticed a lot of people start mentioning fuel in the oil. Then saw news articles about a huge CRV recall in China’s cold climate areas with the same symptoms. I then began checking the oil frequently and noticed a definite fuel smell on the dipstick and rising above the full mark. I have not noticed a fuel smell in the cabin, fortunately, as some have complained about, but this is not good for an engine.

Two Honda dealers have told me they are aware of the issue, but not to worry about it and to check the oil since no lights are on and scans show no problem. Of course! No problems yet, but most drivers don’t check their oil and won’t notice a problem until the engine completely fails.

– Sean M., College Point, US


Apr 242018

CR-V EX 1.5L Turbo

  • CVT transmission
  • 6,904 miles

Morning following extended trip, I started the car and immediately noticed loud engine knocking sound. Stopped the engine and checked oil level and saw it to be high and smelly. That afternoon after work I brought the vehicle to the local dealership and scheduled an oil change . They found the level to be two litres above normal. I expressed deep concern for premature wear on engine and it was more or less dismissed as not serious!!!! I was told no immediate solution, to check oil levels often and bring it back for more free oil changes

I am not a certified mechanic but know darn well that diluted oil will not perform and it WILL cause long term damage. I am very disappointed, thought I had the perfect vehicle for me. Stay away from this engine model until its fixed.

Call (973) 598-1980 for a Free Consultation

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Nissan Versa Transmission Recall and Service Bulletins

businessman signing a contractNissan Versa Transmission Recall and Service Bulletins

Owners of the Nissan Versa have experienced multiple transmission problems including  noise, vibration and poor acceleration.

  1. Nissan Versa Transmission Service Bulletins

Nissan issued Service Campaign Bulletin SB-10058399-9756,  Service Campaign for the 2013-2014 Sentra, 2012-2014 Versa Sedan, and 2014 Versa Note CVT.  This campaign was issued to address noise, vibration and poor acceleration caused by belt
slippage in the CVT transmission with the fix reprogramming of the Transmission Control Module (“TCM”).    Nissan then issued Technical Service Bulletin (“TSB”) NTB14-
118b to address “Judder on Deceleration Under 15 MPH.   The TSB was released to correct “judder or shake (pulsing sensation, or fore/aft sensation) … while slowing to a stop.” The repair procedure provided was a reprogramming of the TCM.    Problems  persisted and a new service bulletin included additional model years.   (See class action complaint, Norman v. Nissan North America,  (Dk 3:18-cv-00588).

If you have experienced problems, you may be entitled to compensation, Call (973) 598-1980 for a Free Consultation, (cases handled on contingency with no payment from consumer)

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Other Sources

Nissan CVT Transmission Class Action

GM brake problem

Owners of the Nissan CVT transmission have experienced multiple problems.   Owners may be entitled to compensation for problems and repair costs.  Here is an overview.

1. Nissan CVT Transmission

The CVT is an automatic transmission that uses two variable-diameter pulleys
with a steel belt running between them to change speed, instead of a gearbox and clutch
system. Rather than relying on the fixed gear ratios of the traditional automatic transmission,
the pulleys can adjust their width to make the belt turn faster or slower, depending on the speed of the vehicle and the torque needed. The CVT thus “simultaneously adjusts the
diameter of the ‘drive pulley’ that transmits torque from the engine and the ‘driven pulley’ that transfers torque to the wheels” to allow for an infinite number of gear ratios.   The CVT chooses the gear ratio optimum for driving conditions.  See Norman v. Nissan class action complaint.


2. Warranty Coverage

Nissan sold the Class Vehicles with a 5-year, 60,000-mile powertrain warranty
that purports to cover the CVT. However, consumers have complained that their CVTs failed and required replacement just outside the 60,000-mile warranty period.3. Complaints   Claims allege the transmissions show juddering, lag when attempting to accelerate, hard deceleration, complete failure and other symptoms, and that Nissan charges for replacement caused by defects in the transmission.

Call (973) 598-1980 for a Free Consultation

Cadillac Escalade Engine Problems



Owners of the Cadillac Escalade have complained of various engine problems.  Owner may be entitled to compensation on different legal claims.

1. Lemon law

If the vehicle is relatively new, the lemon law may cover it.

2. Breach of Express Warranty and Implied Warranty

The vehicle has a standard and power train warranty.   While the manufacturer may be given an opportunity to repair, a claim can be presented if it fails.   The law implies a warranty that the vehicle is reasonably fit.  If there are persistent problems claims can be filed.

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Problem Category Number of Problems
Engine And Engine Cooling problems
Manifold/header/muffler/tail Pipe problems
Car Stall problems
Engine Exhaust System problems
Engine problems
Engine Shut Off Without Warning problems
Engine Cooling System problems
Gas Recirculation Valve (egr Valve) problems
Check Engine Light On problems

If you experienced problems with your vehicle, call for a Free Consultation.

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Cadillac Escalade Engine Problems

Woman with broken car

Owners of the Cadillac Escalade have experienced multiple engine problems.  Owners may be entitled to compensation or replacement vehicles.

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Call (973) 598-1980 for a Free Consultation

Common Engine And Engine Cooling related problems of Cadillac Escalade (from Carproblemzoo)

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