Partner Steve Siegel and associate Ken Abell prevailed recently in obtaining a dismissal with prejudice of a two-count consumer fraud complaint against our client, American Honda Motor Co., Inc. The action alleged fraud by a dealer in Plaintiff’s purchase of a new Honda vehicle. American Honda was sued as well, on the theory that the dealership was serving as American Honda’s agent in the sales transaction. American Honda moved to dismiss on the grounds that the fraud claims were facially defective and the agency theory was baseless in light of the sales contracts Plaintiff signed, which made clear that the dealer was not American Honda’s agent. The court agreed, struck the two counts against American Honda and warned Plaintiff’s counsel that if they re-filed their claims against American Honda, they did so at their own peril.

Plaintiff was granted time to amend her Complaint, but she allowed that time to lapse without filing an amendment. Soon thereafter, she filed a motion to non-suit her case. If granted, the motion would have allowed Plaintiff to re-file her claims against American Honda in another court. American Honda objected that Plaintiff had lost any right to voluntarily dismiss her claims against American Honda because she did not seek to do so within the time allotted by the court for amendment. The court agreed and this time dismissed Plaintiff’s claims against American Honda with prejudice. This second ruling denied Plaintiff the opportunity to reinstate her claims against American Honda at a later date in another court and completed American Honda’s defeat of Plaintiff’s claims as a matter of law.

For further information please contact Don Tarkington, Managing Partner at 312.419.6900.