Appellate Decisions
We have helped develop and establish favorable law for all consumers through our appellate work before the Wisconsin Supreme Court, Wisconsin Court of Appeals, and United States Court of Appeals for the Seventh Circuit.
We have handled dozens of appellate cases and 5 Wisconsin Supreme Court cases. Here are some of our significant appellate decisions that won victories for all consumers:
Appellate Victories
Mercedes-Benz USA, LLC v. Hinkley
This decision clarified that a Lemon Law refund is to be delivered to the consumer within 30 days of the manufacturer’s receipt of the consumer’s Wisconsin Lemon Law Notice. Wisconsin Court of Appeals 2018.
Marquez v. Mercedes-Benz USA, LLC
Manufacturer failed to prove that consumer prevented it from providing a timely Lemon Law refund to him, Marquez v. Mercedes-Benz USA, LLC, Wisconsin Supreme Court 2012
Klismet’s 3 Squares, Inc. v. Navistar, Inc.
The Court held that a reasonable allowance for use mileage charge to be deducted from a consumer’s refund under the Wisconsin Lemon Law must be both reasonable and not exceed the statutory ceiling. Wisconsin Court of Appeals 2016.
Mueller v. Harry Kaufmann Motorcars, Inc.
The Court ruled that a used car buyer may recover any monetary loss, including a refund, in a misrepresentation case against a dealer. Wisconsin Court of Appeals 2014.
James Michael Leasing Co. LLC v. Paccar
The Court found that a manufacturer must provide a Lemon Law refund to the consumer and payoff the vehicle lien within thirty days, not just agree to do so. United States Court of Appeals for the Seventh Circuit 2014.
Lemke v. FCA US, LLC
The Wisconsin Court of Appeals recognized that the statutory language of the Wisconsin Lemon Law regarding a reasonable allowance for use mileage charge is not a fixed amount, Wisconsin Court of Appeals 2016.
Kilian v. Mercedes-Benz USA, LLC and Daimler Chrysler Financial Services
The Wisconsin Supreme Court ruled that under the Wisconsin Lemon Law a consumer may sue a lender for continued enforcement of lease after consumer received a refund and returned the vehicle to manufacturer. Wisconsin Supreme Court 2011.
Kaskin v. John Lynch Chevrolet-Pontiac Sales
The court ruled that the consumer was entitled to recover the entire amount he was forced to pay to the dealer for unauthorized repair charges to his vehicle. Wisconsin Court of Appeals 2009.
Garcia v. Mazda Motor of America, Inc.
The Court found that the Wisconsin Lemon Law does not require a consumer to use any “magic words” to request a Lemon Law refund from the manufacturer. Wisconsin Supreme Court 2004.
Riley v. Ford Motor Company
The Court held that the Wisconsin Lemon Law requires the manufacturer to provide a refund or the comparable new vehicle to the consumer no later than 30 days after consumer’s offer to return his vehicle. Wisconsin Court of Appeals 2001.
Kiss v. General Motors Corporation
The Court found that a comparable new vehicle, under the Wisconsin Lemon Law, includes a new tow unit along with a new cab and chassis to replace a lemon tow truck. Wisconsin Court of Appeals 2001.
Herzberg v. Ford Motor Company
The obligations of consumers who purchase a lemon are limited to those set out in the Wisconsin Lemon Law. Wisconsin Court of Appeals 2001.