WARRANTY LITIGATION

With the creation of the Magnuson-Moss Warranty Act in 1975, and state consumer protection laws in the years that followed, warranty litigation changed forever. Armed with one-sided consumer friendly statutes to complement existing express warranty and implied warranty statutes, many attorneys carved out niche practices aimed at consumer product manufacturers. In many instances, these lawyers created “mill firms” wherein those laws—which were designed to protect consumers—are turned upside down, now used solely to pad the attorneys’ pockets, giving them every incentive to drive up costs with unnecessary discovery and motion practice. In short, the tail is wagging the dog.
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We understand that nuances of warranty litigation make these cases unique. With time, settlement demands often increase. More importantly, as litigation drags on, customer loyalty can evaporate. Fast but thorough litigation is imperative for a manufacturer in this environment. Cases that may need to go to trial are earmarked early at Erskine Law, and we work closely with our clients to pinpoint verdict potential, settlement possibilities and likelihood of prevailing. We also developed a proprietary, state-of-the-art software system to decrease document preparation time, which helps our clients personalize vast amounts of standardized discovery for a fraction of the cost of traditional discovery. We welcome the opportunity to discuss our extensive warranty litigation experience with you so that we can begin creating a customized approach to defending your company.