Appellate Decisions

The lawyers of Lemon Law Justice Center, LLC 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 32 Court of Appeals cases and 5 Wisconsin Supreme Court cases.

Here are some of our significant appellate decisions that won victories for all consumers:

Lemon Law refund is to be delivered to consumer within 30 days – Mercedes-Benz USA, LLC v. Hinkley, Wisconsin Court of Appeals 2018
Manufacturer failed to prove that consumer prevented it from providing a timely refund – Marquez v. Mercedes-Benz USA, LLC, Wisconsin Supreme Court 2012
Determined reasonable allowance for use must be both reasonable and not exceed the statutory ceiling – Klismet’s 3 Squares, Inc. v. Navistar, Inc., Wisconsin Court of Appeals 2016
Used car buyer may recover any monetary loss including a refund – Mueller v. Harry Kaufmann Motorcars, Inc., Wisconsin Court of Appeals 2014
Manufacturer must provide lemon law refund and payoff lien, not just agree to do so – James Michael Leasing Co. LLC v. Paccar, United States Court of Appeals for the Seventh Circuit 2014
Recognized statutory language regarding reasonable allowance for use is not a fixed amount – Lemke v. FCA US, LLC, Wisconsin Court of Appeals 2016
Consumer may sue lender for continued enforcement of lease after consumer received Lemon Law refund – Kilian v. Mercedes-Benz USA, LLC and Daimler Chrysler Financial Services, Wisconsin Supreme Court 2011
Consumer entitled to recover entire amount he was forced to pay for unauthorized repair charges – Kaskin v. John Lynch Chevrolet-Pontiac Sales, Wisconsin Court of Appeals 2009

Lemon Law does not require consumer to use any “magic words” to request Lemon Law refund – Garcia v. Mazda Motor of America, Inc., Wisconsin Supreme Court 2004
Manufacturer must provide refund to the consumer or provide new vehicle no later than 30 days after consumer’s offer – Riley v. Ford Motor Company, Wisconsin Court of Appeals 2001
Comparable new vehicle under the Lemon Law includes new tow unit along with new cab and chassis to replace lemon tow truck – Kiss v. General Motors Corporation, Wisconsin Court of Appeals 2001
Obligations of consumers who purchased a lemon are limited to those set out in the Lemon Law – Herzberg v. Ford Motor Company, Wisconsin Court of Appeals 2001
Lemon Law prohibited manufacturer from requiring consumer to sign a release in order to receive a refund – Chariton v. Saturn Corporation, Wisconsin Court of Appeals 2000
Lemon Law does not contain a “hidden defect” requirement – Dieter v. Chrysler Corporation, Wisconsin Supreme Court 2000
Negotiations regarding refund did not suspend or delay Lemon Law time limit for manufacturer to provide consumer’s refund – Church v. Chrysler Corporation, Wisconsin Court of Appeals 1998

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