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 firm defended claims of an allegedly defective vehicle in New Jersey Superior Court (Ocean County) by proving owner abuse voided the applicable warranty coverage.
Summary judgment was granted by New York State court ruling that the manufacturer was not afforded an opportunity to cure the alleged breach of warranty and that plaintiff’s expert damage methodology was not generally accepted in the automotive field.
The firm obtained a summary judgment in a South Carolina trial court. The court agreed with Defendant’s position that plaintiff’s engine concern was not the result of a warrantable defect and that the authorized dealer was not the agent of the subject vehicle’s distributor/warrantor.
After an extensive bench trial with multiple expert witnesses, the firm obtained a decision in favor of its client, a domestic manufacturer. The trial judge agreed that the electrical concerns experienced by the vehicle’s owner were the result of unauthorized post-final assembly modifications, not defects in factory materials or workmanship.
The firm obtained a decision in favor of an automotive manufacturer after a bench trial where the same nonconformity was subject to seven (7) unsuccessful repair attempts and still existed as of the time of trial. Despite this evidence, the trial judge agreed with defendant that the nonconformity at issue did not substantially impair the vehicle’s use, value or safety, and dismissed the plaintiff’s case.