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Search : Ford Motor

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Court: California Appellate Districts
Topic: Attorney's Fees, Civil Procedure, Commercial Law, Consumer Products, Consumer Protection Law, Contracts, Government Law
Title: Davis v. Ford Motor Credit Co.
Date: 11/19/09
Case Number: B204047
Summary: In plaintiff's action against the Ford Motor Credit Company (Ford) claiming that Ford's billing practices under a retail installment sales contract in charging late fees is prohibited by the Rees-Levering Motor Vehicle Sales and Finance Act, and actionable under Unfair Competition Law and the Consumers Legal Remedies Act, dismissal of the suit is affirmed where: 1) Ford's conduct of charging successive late fees for successive late payments does not violate Civil Code section 2982(k)'s prohibition on charging more than one late fee per delinquent installment; 2) plaintiff cannot allege Ford's billing practice is an unfair business practice within the meaning of UCL because the alleged injury is one plaintiff reasonably could have avoided; and 3) although Ford was the prevailing party, it cannot recover its attorney's fees pursuant to the Rees-Levering's reciprocal attorney's fees provision because the alleged Rees-Levering violation was merely a predicate to the UCL claims, and a prevailing defendant cannot recover attorney's fees under the UCL.

Court: U.S. 5th Circuit Court of Appeals
Topic: Bankruptcy Law, Commercial Law
Title: Ford Motor Credit Co. v. Dale
Date: 09/09/09
Case Number: 08-20583
Summary: In an appeal from the district court's reversal of a bankruptcy court's order holding that a creditor did not have a purchase-money security interest in the debtor's auto sale contract, the district court's order is affirmed where the purchase-money security interest exception contained in the hanging paragraph of 11 U.S.C. section 1325(a) applied to those portions of a claim attributable to the payoff of negative equity in a trade-in vehicle, gap insurance, and an extended warranty.

Court: U.S. 8th Circuit Court of Appeals
Topic: Bankruptcy Law
Title: Ford Motor Credit Co. Mierkowski
Date: 09/08/09
Case Number: 08-3866
Summary: Bankruptcy court's grant of debtors' motion to bifurcate creditor-Ford Motor Credit Company's claims is reversed and remanded as, under Missouri law, the amount financed to pay off the negative equity in the trade-in is part of the price of the new car, thus it is a purchase-money obligation and creditor has a purchase-money security interest securing its entire claim.

Court: U.S. 8th Circuit Court of Appeals
Topic: Antitrust & Trade Regulation, Civil Procedure
Title: Craftsman Limousine v. Ford Motor Co.
Date: 09/01/09
Case Number: 08-2214
Summary: In an antitrust action against Ford Motor Co. (Ford), district court's order granting Ford's Bill of Costs is affirmed where: 1) district court did not abuse its discretion by awarding costs without specifically addressing each item as there is no requirement under FRCP 54 that a district court provide a detailed review or analysis of every item of cost it awards; rather, a prevailing party is presumptively entitled to recover all of its costs and plaintiff failed to offer any specific basis to rebut the presumption in favor of awarding the costs to Ford or that the award was unreasonable or unnecessary; 2) district court did not abuse its discretion by awarding costs of video depositions: 3) district court did not abuse its discretion by awarding the recovery of pro hac vice fees of the clerk under 28 U.S.C. section 1920.

Court: U.S. 6th Circuit Court of Appeals
Topic: Civil Rights, Labor & Employment Law
Title: Upshaw v. Ford Motor Co.
Date: 08/14/09
Case Number: 08-3246
Summary: In a Title VII action claiming that Defendant failed to promote Plaintiff on the basis of her race and sex, summary judgment for Defendant is affirmed in part, where Plaintiff failed to raise a genuine issue of material fact as to whether Defendant's claim of mistake was a pretext for race discrimination; but reversed in part, where the combination of close temporal proximity between an employer’s heightened scrutiny and plaintiff's filing of an EEOC charge is sufficient to establish the causal nexus needed to establish a prima facie case of retaliation.

Court: U.S. 10th Circuit Court of Appeals
Topic: Bankruptcy Law, Commercial Law
Title: Ford v. Ford Motor Credit Corp.
Date: 08/03/09
Case Number: 08-3192
Summary: In an appeal from a bankruptcy court's order rejecting debtors' proposed Chapter 13 bankruptcy plan, the order is affirmed where the bifurcation of "negative equity" owed by debtors on a car loan was impermissible under the "hanging paragraph" of 11 U.S.C. section 1325(a).

Court: U.S. 9th Circuit Court of Appeals
Topic: Consumer Products, Consumer Protection Law, Injury And Tort Law, Manufacturing, Transportation
Title: Kearns v. Ford Motor Co.
Date: 06/08/09
Case Number: 07-55835
Summary: In an action claiming that Defendant car company made false and misleading statements about the safety of its used vehicles, the dismissal of the complaint is affirmed where Plaintiff's claims were all grounded in fraud, and thus his failure to plead with particularity merited dismissal.

Court: U.S. 7th Circuit Court of Appeals
Topic: Civil Rights, Labor & Employment Law
Title: Hampton v. Ford Motor Co.
Date: 04/06/09
Case Number: 08-1346
Summary: In a discrimination and sexual harassment action, district court's grant of defendant's motion for summary judgment is affirmed where: 1) plaintiff entered into a buyout agreement with defendant and signed a waiver that unambiguously covered any and all claims arising prior to the date she signed, including her Title VII discrimination claims; and 2) plaintiff entered the waiver knowingly and voluntarily.

Court: U.S. 6th Circuit Court of Appeals
Topic: Civil Procedure, Labor & Employment Law
Title: Carter v. Ford Motor Co.
Date: 04/02/09
Case Number: 08-1082
Summary: In a Title VII and Family and Medical Leave Act action based on alleged sex discrimination, summary judgment for Defendant is affirmed where Plaintiff's appeal related to her 2005 termination but that event was not encompassed by her complaint.

Court: U.S. 3rd Circuit Court of Appeals
Topic: Civil Procedure, Retail, Wholesale
Title: Liberty Lincoln-Mercury Inc. v. Ford Motor Co.
Date: 03/17/09
Case Number: 06-3659
Summary: In a dispute over a franchise fee program, district court order granting a preliminary injunction in favor of plaintiffs is reversed and remanded where the district court did not make the necessary finding of irreparable harm to grant the injunction, as plaintiff's harm was incorrectly measured in solely monetary terms.

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