RoseWaldorf has obtained numerous dismissal and defense awards at trial, in arbitration proceedings, and in administrative hearings. RW has also secured numerous dismissals short of trial through the use of demurrers or motions to dismiss, or later motions for summary judgment or summary adjudication. RW has handled appeals in multiple jurisdictions, including the highest courts of six states and a number of intermediate appellate courts.
The West Virginia Supreme Court of Appeals affirmed the trial court’s grant of summary judgment after the Kanawha County Circuit Court granted the manufacturer’s summary judgment motion and denied Plaintiff’s motion for reconsideration.
At the start of trial, the Court of Common Pleas dismissed plaintiff’s primary claim against a manufacturer after oral argument on novel jurisdictional grounds. The plaintiff then elected to dismiss the remaining claims alleging breach of warranty and violation of the consumer protection act prior to a separate Frye hearing involving plaintiff’s expert and his report.
In response to a motion for summary judgment on behalf of an automotive distributor, the plaintiff voluntarily dismissed two causes of action. The trial court then granted summary judgment, agreeing with the defendant that plaintiff could not prove a product defect or substantial impairment under state lemon law, and that plaintiff’s pre-litigation demand letter could not be deemed to provide notice and a final opportunity to cure as required.
The Circuit Court of Raleigh County (Beckley, WV) granted the manufacturer’s motion for summary judgment and dismissed Plaintiff’s case alleging a defective vehicle.
The trial court converted a motion to dismiss to summary judgment and found in favor of the distributor on plaintiff’s claims of fraudulent misrepresentation and violation of the state’s consumer protection act.