Jzurita's Build "Nightmare that became a dream" 590whp 93 octane
I Also want to add that doug deserves quit a bit of praise on this, i've been keeping my eye a as stuble as possbile calling out some BS with him since 2007, i took some shots from the nuthuggers, but nowhere like doug did...he got banned, threads deleted, etc.... and HE WAS RIGHT...my350z staff owes him an appology
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From: Texas, Arizona,Cayman Island
Way to break it down Darren 
It definitely is worth speaking with him/her about your situation. Also, inquire about Connecticut's Long Arm Statute and Connecticut laws pertaining to the Implied Warranty. If you are able to file suit in Connecticut, that may save you money. Note, however, that if you file in Connecticut State Court, and the Defendant is not domiciled in Connecticut, the Defendant can have the proceedings moved to Federal Court. That will become very expensive for both parties. Hopefully an agreeable settlement can be reached before that.
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I just checked requirements to get into Federal Court. The minimum amount in controversey must be $75,000 if Federal jurisdiction is based on diversity of citizenship. I don't see how the amount will exceed $75,000, so the matter will be kept in State Court (which is a good thing from a litigation cost perspective).
There are special procedures for filing a Class Action suite and I think the "Class Action" status needs to be authorized by the Court. I have never dealt with this, so I don't know any of the specifics. Nonetheless, I don't think there will be enough plantiffs for a class action suit in the OP's case.
Also, I don't see any advantage to a class action suit unless the Defendant has deep pockets. For example, assume that a Defendant has $50,000 in assets, and now you have a class action suite with 10 Plaintiffs, at most your looking at an average of $5,000 per person, and that's before Attorney's fees.
The litigation Attorney that the OP consults should be able to give him guidence on the best way to proceed.
Also, I don't see any advantage to a class action suit unless the Defendant has deep pockets. For example, assume that a Defendant has $50,000 in assets, and now you have a class action suite with 10 Plaintiffs, at most your looking at an average of $5,000 per person, and that's before Attorney's fees.
The litigation Attorney that the OP consults should be able to give him guidence on the best way to proceed.
Last edited by ttg35fort; Oct 5, 2009 at 10:24 AM.
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From: Chicago
Small claims may be a better route...it would surely be faster.
I did a small claims court filing against a shoddy local shop years ago. No lawyer needed if you do your homework. And we won!!!!!! Shop was forced to buy car at KBB price when it was dropped off originally, and reimburse for all receipts that I had!!!!!!
Tom
I did a small claims court filing against a shoddy local shop years ago. No lawyer needed if you do your homework. And we won!!!!!! Shop was forced to buy car at KBB price when it was dropped off originally, and reimburse for all receipts that I had!!!!!!
Tom
There are special procedures for filing a Class Action suites and I think the "Class Action" status needs to be authorized by the Court. I have never dealt with this, so I don't know any of the specifics. Nonetheless, I don't think there will be enough plantiffs for a class action suit in the OP's case.
Also, I don't see any advantage to a class action suit unless the Defendant has deep pockets. For example, assume that a Defendant has $50,000 in assets, and now you have a class action suite with 10 Plaintiffs, at most your looking at an average of $5,000 per person, and that's before Attorney
's fees.
The litigation Attorney that the OP consults should be able to give him guidence on the best way to proceed.
Also, I don't see any advantage to a class action suit unless the Defendant has deep pockets. For example, assume that a Defendant has $50,000 in assets, and now you have a class action suite with 10 Plaintiffs, at most your looking at an average of $5,000 per person, and that's before Attorney
's fees.
The litigation Attorney that the OP consults should be able to give him guidence on the best way to proceed.
Small claims may be a better route...it would surely be faster.
I did a small claims court filing against a shoddy local shop years ago. No lawyer needed if you do your homework. And we won!!!!!! Shop was forced to buy car at KBB price when it was dropped off originally, and reimburse for all receipts that I had!!!!!!
Tom
I did a small claims court filing against a shoddy local shop years ago. No lawyer needed if you do your homework. And we won!!!!!! Shop was forced to buy car at KBB price when it was dropped off originally, and reimburse for all receipts that I had!!!!!!
Tom
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From: under the hood
JT....if you are reading this thread...all I can say is
.....and just be happy you are working for Coach.....because if it was not for him.....we would give you the RA treatment ...you know what I mean
In my opinion ( and i cant believe I am going to say this...but) I think you are worst than MrS...because you had full hands on in this rappage....You did the wrenching yourself...
...scum ....nothing but scum bradaDont leave Coach or do him wrong....because thats the only protection you have on here.
I just checked requirements to get into Federal Court. The minimum amount in controversey must be $75,000 if Federal jurisdiction is based on diversity of citizenship. I don't see how the amount will exceed $75,000, so the matter will be kept in State Court (which is a good thing from a litigation cost perspective).
JZ - you have a PM.
Yes, I'm sure.
This is copied straight from the U.S. Government's Federal Courts website http://www.uscourts.gov/understand03/content_4_0.html:
"An important limit to diversity jurisdiction is that only cases involving more than $75,000 in potential damages may be filed in a federal court. Claims below that amount may only be pursued in state court. Moreover, any diversity jurisdiction case regardless of the amount of money involved may be brought in a state court rather than a federal court."
What they don't tell you here is that if the amount in controversey is over $75k, there is diversity of citizenship, and the Plaintiff files in state court that is not in the Defendant's state, the Defendant can get the case removed to federal court.
You may have been looking at federal jurisdiction based on federal subject matter. In that case there is no minimum on the potential damages.
With regard to some of the Small Claims Court suggestions, Small Claims Court is limited to $5,000 in many states, but I'm not sure about CT.
EDIT: Here is a link that provides good information on Diversity jurisdiction: http://en.wikipedia.org/wiki/Diversity_jurisdiction
This is copied straight from the U.S. Government's Federal Courts website http://www.uscourts.gov/understand03/content_4_0.html:
"An important limit to diversity jurisdiction is that only cases involving more than $75,000 in potential damages may be filed in a federal court. Claims below that amount may only be pursued in state court. Moreover, any diversity jurisdiction case regardless of the amount of money involved may be brought in a state court rather than a federal court."
What they don't tell you here is that if the amount in controversey is over $75k, there is diversity of citizenship, and the Plaintiff files in state court that is not in the Defendant's state, the Defendant can get the case removed to federal court.
You may have been looking at federal jurisdiction based on federal subject matter. In that case there is no minimum on the potential damages.
With regard to some of the Small Claims Court suggestions, Small Claims Court is limited to $5,000 in many states, but I'm not sure about CT.
EDIT: Here is a link that provides good information on Diversity jurisdiction: http://en.wikipedia.org/wiki/Diversity_jurisdiction
Last edited by ttg35fort; Oct 5, 2009 at 12:22 PM.
According to his profile: Last Activity: 09-10-2009 09:31 AM
Coach is aware of the situation.