August 20, 2018

The firm secured a victory for client Nissan Extended Services North America Inc. when a federal judge dismissed a suit alleging that a Nissan services contractor and a car dealership used a service agreement with higher interest rates than stated to rip off a car buyer.  In Arkliss v. Nissan Extended Services North America Inc. et al, plaintiff Fabian Arkliss brought two claims under the Magnuson-Moss Warranty Act (MMWA), accusing Nissan Extended Services North America Inc. and Difeo Nissan Partnership of selling him a service agreement with language stating “zero percent financing,” even though the contract was subject to a 23.99% annual interest rate.  US District Judge William H. Wells dismissed the suit, citing that MMWA claims must rely on “underlying state claims,” which Arkliss failed to plead.  “Arkliss gives defendants a reasonable opportunity to cure, which…must occur before Arkliss’ claims proceed but not before they are brought,” the judge wrote.  News of the dismissal was covered by Law360.

The firm team included Partner Peter Brennan and Associates Previn Warren and Jeremy H. Ershow.