w*******s
发帖数: 559 | 1 这里给各位想发财的WSN提供一个类似思路， 就是在small claim court起诉你不满意
的车厂， 让车厂防不胜防， 呵呵
Civic Hybrid owner sues Honda in small-claims court for poor gas mileage
By Linda Deutsch
Associated Press
Posted: 01/03/2012 12:04:06 PM PST
Updated: 01/03/2012 08:37:36 PM PST
Related coverage
Electric cars, alternative energy, cleantech.
Automotive news and reviews.
TORRANCE -- A woman who expected her Civic Hybrid to be her dream car wants
Honda to pay for not delivering the 50 mpg it promised.
But rather than joining other owners in a class-action lawsuit, Heather
Peters is going solo against the automaker in small-claims court, an unusual
move that could offer a bigger payout. And if successful, it could open the
door to a flood of similar lawsuits.
A trial was set for Tuesday in Torrance, where American Honda has its West
Coast headquarters.
Peters, a former lawyer, says that as her vehicle's battery deteriorated, it
got only 30 mpg.
When Honda ignored her complaints, she filed legal papers seeking
reimbursement for her trouble and the extra money she spent on gas. The suit
could cost the company up to $10,000.
If other Civic owners follow her lead, she estimates Honda could be forced
to pay as much as $2 billion in damages. No high-priced lawyers are involved
, and the process is streamlined.
"I would not be surprised if she won," said Richard Cupp Jr., who teaches
product-liability law at Pepperdine University. "The judge will have a lot
of discretion, and the evidentiary standards are relaxed in small-claims
court."
Small-claims courts generally handle private disputes that do not involve
large amounts of money. In many states, that means small debts, quarrels
between tenants and landlords and contract disagreements.
A victory for Peters could encourage others
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to take the same simplified route, he said.
"There's an old saying among lawyers," Cupp said. "If you want real justice,
go to small-claims court."
But he questioned whether her move would start a groundswell of similar
cases. He suggested that few people would want to spend the time and energy
that Peters has put into her suit when the potential payoff is as little as
a few thousand dollars.
Peters opted out of a series of class-action lawsuits filed on behalf of
Honda hybrid owners when she saw a proposed settlement would give plaintiffs
no more than $200 cash and a rebate of $500 or $1,000 to purchase a new
Honda.
The settlement would give trial lawyers $8.5 million, Peters said.
"I was shocked," she said. "I wrote to Honda and said I would take $7,500,
which was then the limit on small-claims in California. It is going up to $
10,000 in 2012."
Typical limits in other states range from $2,500 to $15,000.
She said she also offered to trade her hybrid for a comparable car with a
manual transmission, the only thing she trusted at that point.
"I wrote the letter and I said, 'If you don't respond, I will file a suit in
small-claims court.' I gave them my phone number," she said. "They never
called."
She said she also sent emails to top executives at Honda but got no response
. She also launched a website, DontSettleWithHonda.org, urging others to
take their complaints to small-claims court.
Aaron Jacoby, a Los Angeles attorney who heads the automotive industry group
at the Arent Fox law firm, said Peters' strategy, while intriguing, is
unlikely to change the course of class-action litigation.
"In the class-action, the potential claimants don't have to do anything,"
Jacoby said. "It's designed to be an efficient way for a court to handle
multiple claims of the same type."
He also questioned her criticism of lawyers' fees. Jacoby said class-action
lawyers do extensive work that involves many clients and sometimes spans
years. And they are not in it just for money.
"They're representing the underdog, and they believe they are performing a
public duty," he said. "Many of these people could not get lawyers to
represent them individually."
The judge hearing Peters' case was not expected to make an immediate ruling
Tuesday, but small-claims matters are usually decided much faster than those
in civil courts, which often take years to resolve major cases.
American Honda's offices were closed for the holidays, and no one could be
reached for comment. Peters said the company has tried five times to delay
the trial but was rebuffed.
The upside of Peters' unusual move, she says, is that litigants are not
allowed to have lawyers argue in small-claims court in California. That
means any award would not be diluted by attorney's fees. Honda would have to
appoint a non-lawyer employee to argue its side in court. | B********4
发帖数: 7156 | 2 汽车厂商的耗油量都是说“在理想状况下”，可没有说至少是这么多。电池坏了不修，
却责怪厂家耗油量骗人。这也能告赢？ | c****h
发帖数: 4968 | 3 米犹的GDP就是这么创造出来的。美国最不缺的就是Lawyer了。
【在 B********4 的大作中提到】
: 汽车厂商的耗油量都是说“在理想状况下”，可没有说至少是这么多。电池坏了不修，
: 却责怪厂家耗油量骗人。这也能告赢？
| x****u
发帖数: 12955 | 4
They didn't warn consumers that the battery would deteriorate.
【在 B********4 的大作中提到】
: 汽车厂商的耗油量都是说“在理想状况下”，可没有说至少是这么多。电池坏了不修，
: 却责怪厂家耗油量骗人。这也能告赢？
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