Supercharged v-10!

[Bobpantax]

The above oversimplifies the issues. Read the article at this link dealing with the effect of the Magnuson-Moss Warranty Act. The burden of proof is on the dealer to prove that the modification caused the problem.

http://www.dummies.com/how-to/content/keeping-your-mods-warranty-intact.html

 

[1BADGTS]

The above oversimplifies the issues. Read the article at this link dealing with the effect of the Magnuson-Moss Warranty Act. The burden of proof is on the dealer to prove that the modification caused the problem.

http://www.dummies.com/how-to/content/keeping-your-mods-warranty-intact.html

Thats all great Bob but in the real world whats the customer going to do sue both the Dealership-Dodge and rack up a large lawyers bill that they could still lose ( we all know one never knows how a judge-jury will interpt anything. The warranty act aside in the back of the judge -jurys mind will be the Plantiffs NEED to bolt on an addit 200 horsepower to a car that was ALREADY 640 stock -hence PLANTIFF wants to RACE ON PUBLIC ROADS with it and have Dodge cover the abuse. Jurys typically filled with eco nuts driving 4 cyl YUGOS would love this NEED of the plantiff to go 0 to 60 in under 2 seconds having over 150k k invested in a car that gets 12 mpg LOL) Here in NJ for instance anything over 15k in damages goes to Superior Court where( after giving your attorney A FEE OF 15-40K ) there are mandatory interog,, depositions and 10 plus pretrial settlement confrences . If the suit cant be settled a trial date approx 4-5 YEARS from the date the suit was served is given. Bob if you know any lawyers that will take such a case on contingency i will gladly send my friend to them . Would you or any attorney you know of take the above on contingency- DONT THINK SO.

 

[Free2go]

A well sorted out supercharged Gen V on 5 lbs. of boost, with a conservative tune would be a blast...reliable...and quite streetable. Who would want to sell that?

 

[Bobpantax]

With all due respect, you are still oversimplifying the issue. The litigation is rarely that long and most cases are usually mediated and settled fairly quickly. Particularly if it involves a good customer. With respect to attorneys fees and costs, you do not seem to know that the act provides that the Plaintiff [FONT=arial, sans-serif]may recover reasonable costs including attorneys fees. Thus, if someone has their ducks in a row, including a recognized expert, many of whom participate in these forums, and prevails, the defendant(s) pay for the Plaintiff's case. So if someone can prove that the part covered by warranty which needs to be replaced was not damaged by the modification, not only is it a good case, the costs of litigation would be paid by the defendant(s).

As an example, assume that someone supercharges their Viper and the radio goes bad. The dealer denies warranty coverage on the radio because of the supercharger. Under the Act, the owner should prevail and costs should be awarded to the Viper owner.


It is important that Viper owners who deal with less than perfect dealers know this. Some dealers overreach with respect to claiming the warranty does not cover an item. Most are reasonable.


[/FONT]

Thats all great Bob but in the real world whats the customer going to do sue both the Dealership-Dodge and rack up a large lawyers bill that they could still lose ( we all know one never knows how a judge-jury will interpt anything. The warranty act aside in the back of the judge -jurys mind will be the Plantiffs NEED to bolt on an addit 200 horsepower to a car that was ALREADY 640 stock -hence PLANTIFF wants to RACE ON PUBLIC ROADS with it and have Dodge cover the abuse. Jurys typically filled with eco nuts driving 4 cyl YUGOS would love this NEED of the plantiff to go 0 to 60 in under 2 seconds having over 150k k invested in a car that gets 12 mpg LOL) Here in NJ for instance anything over 15k in damages goes to Superior Court where( after giving your attorney A FEE OF 15-40K ) there are mandatory interog,, depositions and 10 plus pretrial settlement confrences . If the suit cant be settled a trial date approx 4-5 YEARS from the date the suit was served is given. Bob if you know any lawyers that will take such a case on contingency i will gladly send my friend to them . Would you or any attorney you know of take the above on contingency- DONT THINK SO.

 

[1BADGTS]

With all due respect, you are still oversimplifying the issue. The litigation is rarely that long and most cases are usually mediated and settled fairly quickly. Particularly if it involves a good customer. With respect to attorneys fees and costs, you do not seem to know that the act provides that the Plaintiff [FONT=arial, sans-serif]may recover reasonable costs including attorneys fees. Thus, if someone has their ducks in a row, including a recognized expert, many of whom participate in these forums, and prevails, the defendant(s) pay for the Plaintiff's case. So if someone can prove that the part covered by warranty which needs to be replaced was not damaged by the modification, not only is it a good case, the costs of litigation would be paid by the defendant(s).

As an example, assume that someone supercharges their Viper and the radio goes bad. The dealer denies warranty coverage on the radio because of the supercharger. Under the Act, the owner should prevail and costs should be awarded to the Viper owner.


It is important that Viper owners who deal with less than perfect dealers know this. Some dealers overreach with respect to claiming the warranty does not cover an item. Most are reasonable.


[/FONT]

Bob over the past 8 years i have been involved in 3 separate cases in Monmouth County Superior Civil Court resulting in HUNDREDS OF THOUSANDS in attorney fees .(I also work as a barrister getting a LARGE FIRM clients )This aint Florida, DISCOVERY is given a year here to complete. Theres also MANDITORY 4plus settlement conf 4-6 MONTHS APART On contested cases its 4plus years to get before a judge Example .Four years ago a scourned ex girlfriend of mine went after me on a case she couldnt possibly win (there was enough to prevent a motion to dismiss though )Six witness ,no deps were taken each of us had a 23k bill on protocall alone .She dropped it the day of trial (Had we taken deps and a 2 week trial we wouldh hit 40k in billable hours each EASILY On the settlement confrences alone the bill was 5k)As far as asking for attorneys fees if the case is the SLIGHTEST BIT REASONABLE your never getting them NOT IN NJ In something like this all the defence has to do is file an answer(prevent motion summ judgement )then complete the year for discovery as no car owner is going to spend that time and money to go to trial 4 years from now on a case they they still could lose NOT PRACTICAL An alternative would be to go Special Civil then its in court in 4-6 months but the ceiling is only 15k .An average lawyer bills at 350 per hour up here. The big guys 500-600 per hour. Dodge no doubt MUST be brought into it and with all involved partys the plantiffs lawyer bill will still be twice what they could possibly collect . PS For some reason YOU TOTALLY FORGOT to mention as to whether you would take such case on contingency

 

[Bobpantax]

The Magnuson-Moss Act is Federal law with quite a bit of precedential case law in existence. Your individual experience in New Jersey is anecdotal and your experience with your scorned ex girl friend is irrelevant. Emotional, nut case litigation is always difficult. In most litigation venues, mediation is pushed and/or can be required by the Judge before trial. New Jersey has one of the more advanced mediation Court rules among the states. Go to ths link and read: http://www.judiciary.state.nj.us/rules/r1-40.htm.

I do not understand your referece to being a Barrister, that is an English lawyer term. Are you saying that you are getting referal fees from lawyers and you are not a lawyer? If so, New Jersey's Rules of Professuional Conduct ("RPCs" ) state that using monetary incentives to attract referrals is largely prohibited. RPC 5.4(a) prohibits sharing legal fees with a non-lawyer. RPC 7.2(c) and RPC 7.3(d) prohibit making payment for referrals. Except when a referral is made to a certified attorney, any sharing of fees between lawyers from separate firms must be in proportion to the work done by each. RPC 1.5(e); R.1:39-6(d).

My apology to the OP for the off subject discussion but this is a public forum and this needed to be clarified. Let's get back to SUPERCHARGERS.

Bob over the past 8 years i have been involved in 3 separate cases in Monmouth County Superior Civil Court resulting in HUNDREDS OF THOUSANDS in attorney fees .(I also work as a barrister getting a LARGE FIRM clients )This aint Florida, DISCOVERY is given a year here to complete. Theres also MANDITORY 4plus settlement conf 4-6 MONTHS APART On contested cases its 4plus years to get before a judge Example .Four years ago a scourned ex girlfriend of mine went after me on a case she couldnt possibly win (there was enough to prevent a motion to dismiss though )Six witness ,no deps were taken each of us had a 23k bill on protocall alone .She dropped it the day of trial (Had we taken deps and a 2 week trial we wouldh hit 40k in billable hours each EASILY On the settlement confrences alone the bill was 5k)As far as asking for attorneys fees if the case is the SLIGHTEST BIT REASONABLE your never getting them NOT IN NJ In something like this all the defence has to do is file an answer(prevent motion summ judgement )then complete the year for discovery as no car owner is going to spend that time and money to go to trial 4 years from now on a case they they still could lose NOT PRACTICAL An alternative would be to go Special Civil then its in court in 4-6 months but the ceiling is only 15k .An average lawyer bills at 350 per hour up here. The big guys 500-600 per hour. Dodge no doubt MUST be brought into it and with all involved partys the plantiffs lawyer bill will still be twice what they could possibly collect . PS For some reason YOU TOTALLY FORGOT to mention as to whether you would take such case on contingency

 

[1BADGTS]

The Magnuson-Moss Act is Federal law with quite a bit of precedential case law in existence. Your individual experience in New Jersey is anecdotal and your experience with your scorned ex girl friend is irrelevant. Emotional, nut case litigation is always difficult. In most litigation venues, mediation is pushed and/or can be required by the Judge before trial. New Jersey has one of the more advanced mediation Court rules among the states. Go to ths link and read: http://www.judiciary.state.nj.us/rules/r1-40.htm.

I do not understand your referece to being a Barrister, that is an English lawyer term. Are you saying that you are getting referal fees from lawyers and you are not a lawyer? If so, New Jersey's Rules of Professuional Conduct ("RPCs" ) state that using monetary incentives to attract referrals is largely prohibited. RPC 5.4(a) prohibits sharing legal fees with a non-lawyer. RPC 7.2(c) and RPC 7.3(d) prohibit making payment for referrals. Except when a referral is made to a certified attorney, any sharing of fees between lawyers from separate firms must be in proportion to the work done by each. RPC 1.5(e); R.1:39-6(d).

My apology to the OP for the off subject discussion but this is a public forum and this needed to be clarified. Let's get back to SUPERCHARGERS.[/QUOTE Bob for the third time- WILL YOU TAKE SUCH A CASE ON CONTINGENCY. The attorneys fee to litigate this issue in NJ will be FAR GREATER than what the warranty is worth (Nobody cares if they can retain their warranty if it costs them 20k plus in attorney fees to do so ) If its as easy and cost effective as you say (legal prescidents ect )why will you not take such cases on contingency

 

[Bobpantax]

Because I am a Federal tax litigator specializing in civil and criminal high net worth individual and entity tax litigation, strategic tax planning and voluntary disclosures.

If I did that type of work and I deemed it to be a worthy case after reviewing the facts with an expert, I would gladly take it on a contingency.

Now please let this thread get back on subject or start your own thread.

The Magnuson-Moss Act is Federal law with quite a bit of precedential case law in existence. Your individual experience in New Jersey is anecdotal and your experience with your scorned ex girl friend is irrelevant. Emotional, nut case litigation is always difficult. In most litigation venues, mediation is pushed and/or can be required by the Judge before trial. New Jersey has one of the more advanced mediation Court rules among the states. Go to ths link and read: http://www.judiciary.state.nj.us/rules/r1-40.htm.

I do not understand your referece to being a Barrister, that is an English lawyer term. Are you saying that you are getting referal fees from lawyers and you are not a lawyer? If so, New Jersey's Rules of Professuional Conduct ("RPCs" ) state that using monetary incentives to attract referrals is largely prohibited. RPC 5.4(a) prohibits sharing legal fees with a non-lawyer. RPC 7.2(c) and RPC 7.3(d) prohibit making payment for referrals. Except when a referral is made to a certified attorney, any sharing of fees between lawyers from separate firms must be in proportion to the work done by each. RPC 1.5(e); R.1:39-6(d).

My apology to the OP for the off subject discussion but this is a public forum and this needed to be clarified. Let's get back to SUPERCHARGERS.[/QUOTE Bob for the third time- WILL YOU TAKE SUCH A CASE ON CONTINGENCY. The attorneys fee to litigate this issue in NJ will be FAR GREATER than what the warranty is worth (Nobody cares if they can retain their warranty if it costs them 20k plus in attorney fees to do so ) If its as easy and cost effective as you say (legal prescidents ect )why will you not take such cases on contingency

 

[1BADGTS]

Ps Bob if someone is paying me for my expertise in CHOOSING an attorney your trying to tell me thats illegal

 

[Free2go]

.............

 

[Nsane1]

All I can see is 1Bad woke up a 2 month old thread that was long discredited (unfortunately). Now the thread is hijacked into a warranty lawsuit thread. If you want to talk about what attorney's you should hire for a warranty claim, please start a new thread (and no, Bob won't take a warranty claim case on contingency, and from the looks of it doesn't have a good referral), so let's move along please.... Closed.