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Missouri Court of Appeals Summaries of Opinions: May 7, 2005.

The Director of Revenue ("Director") revoked the license of Brian Callanan ("Driver") after he was pulled over for driving while intoxicated. Driver filed a Petition for Trial De Novo and his case was considered on May 25, 2004. The Commissioner determined that the police report was not credible or reliable due to inconsistencies of timing notations in the report. The Commissioner recommended that Driver's driving privileges should not be revoked because the officer who arrested him did not have probable cause. The Honorable Barbara Wallace adopted the findings and recommendations of the Commissioner as the judgment of the Court on

Judgment against car dealership is upheld by panel.(Gary Barbera’s Chryslerland, Superior Court of Pennsylvania)(Brief Article)(Statistical Data Included)

Upholding a lower court judgment, a panel of the Superior Court of Pennsylvania ordered Gary Barbera's Chryslerland last week to pay nearly $50,000 to Jeffrey Hannan, a police officer who sued the auto dealer over a car it had sold him. Barbera's Chryslerland filed for re-argument early this week, which is basically the same as filing an appeal. "We are seeking re-argument in Superior Court," said Barbera's attorney, Craig. A. Sopin. "We obviously feel that there were some errors of law in the Superior Court decision." Citing... Source : accessmylibrary.co

State Settles Consumer Protection Case with Alaska Auto Dealers

Alaska Attorney General David Márquez announced Friday that the Department of Law has filed for court approval of a Consent Judgment to settle a year-long investigation of Lithia auto dealerships in Alaska for violations of Alaska's consumer protection laws. The state and Lithia auto dealerships operating in Anchorage, Fairbanks and Wasilla entered a Consent Judgment that requires Lithia to pay a $500,000 civil penalty to the state and additional monies in restitution to consumers who were harmed by the illegal conduct. The investigation focused on two issues. The first was Lithia's alleged practice of charging an "administrative" or "document preparation" fee

Lemon-law firm pitches litigation over arbitration

-The nation's leading lemon-law firm is moving into New England, trying to convince consumers that retaining a private attorney is a smarter bet than arguing their own case before a state arbitrator. Kimmel & Silverman, a Pennsylvania firm that just opened offices in Massachusetts and is expanding into the rest of New England, has an appealing pitch for car owners weary of battling automobile dealerships and manufacturers over vehicles they view as unrepairable lemons. The law firm promises to use its expertise to get the best possible deal for consumers without charging them a cent and without even taking much

Car manufacturers win second lemon-law case.

A federal judge has issued a published opinion rebuking lemon-law giant Kimmel & Silverman. U.S. District Judge Roger W. Titus' opinion, filed last week, granted summary judgment to General Motors Corp. in a claim brought by Mark and Karen Evans, who alleged that their GMC Yukon is a lemon. Titus held that the testimony of Kimmel & Silverman's car expert was insufficient to support claims under the Maryland Lemon Law, federal Magnuson-Moss Warranty Improvement Act or Maryland Consumer Protection Act. According to the opinion, expert James Lewis did not offer any testimony about whether the car suffered from a defect,