Successes

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.


Trials and Arbitrations
Summary Judgment for Manufacturer in New York

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.


Trials and Arbitrations
Summary Judgment in South Carolina

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.


Trials and Arbitrations
Trial Court Win in Battle of Experts

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.


Trials and Arbitrations
Trial Court Finds No Substantial Impairment Despite 7 Unsuccessful Repair Attempts

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.


Trials and Arbitrations
Judgment for Manufacturer in NYC

In a bench trial in New York City, the court entered judgment for the manufacturer—even though liability was not contested—on the basis that the plaintiff could not prove damages.