Skip to content

Clark Hill Wins for BMW in Lemon Law Hearing

August 12, 2024

Adam Diamond and Aly Pittman successfully defended BMW in a Lemon Law administrative trial before the Texas Department of Motor Vehicles.

The claimant sought $110,000 in damages by alleging her 2023 vehicle had numerous defects. Diamond and Pittman convinced the Hearing Examiner that all complaints raised in the proceeding had already been remedied, and other claims did not fall within the statutory scope of proceedings.

“They were trying to raise new issues that were not within the statutory remedy and weren’t within the scope of the proceeding. Our client wasn’t given a fair opportunity to address these complaints,” Diamond said. “That was critical because we established that everything else had been taken care of and repaired already. The hearing examiner agreed with that, and that was the basis of the opinion.”

Diamond explained that in Lemon Law cases, the consumer has to provide adequate notice to the manufacturer regarding the alleged claims and defects to provide an opportunity to repair. The Clark Hill team proved that the complaints in the notice were already remedied prior to the proceedings and subsequent complaints were not within the statutory scope of proceedings.

“Our defense centered on establishing that all issues for which proper notice was provided were remedied and that none of the new allegations were within the scope of the proceeding,” Diamond said. “For these newer complaints, we were never given a chance to fix them.” He emphasized that a strong defense in these types of claims is to ensure the manufacturer’s due process rights are protected.

Subscribe for the latest

Subscribe

Related

Event

2025 California Labor and Employment Law Symposium

Join Clark Hill for a full-day symposium exploring the most pressing legal issues facing California employers today. Our California Labor & Employment attorneys, along with colleagues from our Immigration and Cybersecurity/Data Privacy groups, will provide practical insights, legal updates, and strategic guidance across a range of workplace topics. Whether your role is in-house counsel, HR leadership, or company executive, this event is designed to equip you with the tools to help navigate California’s ever-evolving employment landscape.

Explore more
Event

Webinar: The New Health Data Laws Every Retailer Must Know

State laws like Washington’s My Health My Data Act and Nevada’s SB 370 are redefining what counts as health data—casting a wide net over common retail signals such as location, browsing behavior, loyalty IDs, and ad tags when linked to sensitive topics like pregnancy, fertility, contraception, or even vitamins.

Explore more
Legal Updates

USTR Launches New Section 301 Investigation on China’s Compliance with the Phase One Agreement

On Oct. 24, the U.S. Trade Representative (USTR) initiated a new investigation under Section 301 of the Trade Act of 1974 to determine whether China has honored its obligations under the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China – better known as the Phase One Agreement.

Explore more