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LOUISIANA LEMON LAWYER

TYPES OF CASES

We represent consumers who have purchased a motor vehicle with a nonconformity (“manufacturing defect”) that renders the vehicle useless or so inconvenient that a reasonable buyer would not have purchased the vehicle had he/she known of the defect.

WHY YOU SHOULD HIRE US

EXPERIENCE AND INTEGRITY

This is what we do! Mr. Duck has over 27 years of litigation experience in the field of consumer law and has successfully represented thousands of motor vehicle owners and collected millions of dollars in damages from automobile manufacturers as a result of the “LEMONS” his clients  purchased. 

Speaking Engagements

Dirty Litigation Tactics, 2016

HarrisMartin’s MDL Conference, Bair Hugger, Volkswagen and Pharmaceutical Update, 2015

HarrisMartin Volkswagen Diesel Emissions Litigation, 2015

Effective Presentation at Trial, May it Please the Court, 2012

Associations

Association of Plaintiff Interstate Trucking Lawyers of America, Member

Lafayette Bar Association, Member

Louisiana State Bar Association Member

American Association for Justice, Member

Louisiana Association for Justice, Member

LICENSED JURISDICTIONS

In fact, many of our clients are referred to us by other law firms, some of which represent car dealers. Mr. Duck is licensed to practice in all State, Federal and Appellate Courts in the State of Louisiana as well as the Louisiana Supreme Court and the United States Supreme Court.

  • U.S. Western District of LA
  • U.S. Middle District of LA
  • U.S. Eastern District of LA
  • U.S. Supreme Court
  • Louisiana Supreme Court
  • All State Courts in the State of Louisiana
  • U.S. Northern District of Florida
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Northern District of Texas
  • U.S. Southern District of Texas
  • U.S. Eastern District of Texas
  • U.S. Western District of Texas
  • U.S. Northern District of INDIANA
  • U.S. Eastern District of MICHIGAN
  • U.S. Eastern District of MISSOURI
  • U.S. District of COLORADO

TESTIMONIALS

million dollar advocates logo
Nations Top One Percent Lawyers
top 100 trial lawyers logo
multi-million dollar advocates logo

OUR CRITERIA

We are very selective! The criteria required in order for us to agree to representation is as follows:

2018 OR NEWER MODELS

New or Used (as long as the initial repair attempts were made under the original express warranty)

3 or more repair attempts on the same component or 5 total repair attempts within the express manufacturer warranty period and the last repair attempt occurred within the last twelve months; and/or the vehicle is out of service for a cumulative period of 30 days or more for a warranty repair or attempted repair and that attempted/warranty repair occurred within the last twelve months.

We do not count manufacturer recalls as repair attempts. However, if a recall takes the vehicle out of service for 30 days or more, and the recall was made within the last 12 months, that case meets our requirements.

Vehicle repair

OUR PROCESS

  1. You initiate contact with our office by completing an online form, sending us an email or calling us about problems you are experiencing with your vehicle.

  2. One of our team members calls you to get important details about the problems you are experiencing with your vehicle.

  3. If you qualify, our team member will send you a retainer agreement and questionnaire to be completed and signed electronically.

  4. Next we will request you send your repair order and your sales documents.

  5. Once we receive the requested documents, we conduct an extensive investigation about your vehicle including research about recalls, lawsuits, warranty and repair history, VIN# research, blog research, & manufacturer bulletins about your vehicle.

  6. Next our attorney evaluates your case and prepares a lawsuit or a notice of demand to send to the manufacturer so that the manufacturer has notice of the claim and requires them to evaluate your case.

  7. Our attorney then takes the proper steps to advocate for you to recover for you an appropriate settlement award or verdict.

WHAT YOU SHOULD KNOW

If you qualify, absolutely. Typically [80%] recovery is anywhere 5% to 20% of the purchase price. The range depends on the number of repairs, nature of the repairs. mileage on the vehicle and days out of service. In some instances, the damages will exceed 20% due to the extent of the defect, circumstances, and days out of service. In the event the defect renders the vehicle useless, or so unsafe that a reasonable person would not drive the vehicle, then the buyer may be entitled to a repurchase. A repurchase is where the manufacturer reimburses you for what you paid, pays off any outstanding balance. However, the manufacturer may seek credit for the milage on the vehicle.

The law provides that if the buyer proves a manufacturing defect with vehicle that the manufacturer is liable for the buyers’ attorney fees. Part of our investigation and evaluation process is to identify manufacturing defects. When we proceed, we are confident we can prove a manufacturing defect. Thus, we seek our attorney fees from the manufacturer. If a settlement can be reached, the fees will be part of the settlement agreement. If the case goes to trial, the fees will be part of a verdict or order. Either way, you are not required to pre-pay fees, pay a retainer or pay fees in the event we fail to make a recovery on your behalf.

Louisiana laws that address motor vehicle warranties include: La.R.S. 51:1941, et seq. (“Louisiana Lemon Law”), La.C.C.Art. 2520, et seq. (Redhibition), 15 U.S.C. 2301, et seq. (“Magnuson-Moss Warranty Act”), Article 2 of the Uniform Commercial Code and La.R.S. 51:1401, et seq. (Louisiana Unfair Trade Practices Act).

It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if the vehicle is out of service by reason of repair for a cumulative total of forty-five or more calendar days or the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date.

“Nonconformity” means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle.”

The seller warrants the buyer against redhibitory defects, or vices, in the thing sold. A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect. The existence of such a defect gives a buyer the right to obtain rescission of the sale. A defect is redhibitory also when, without rendering the thing totally useless, it diminishes its usefulness or its value so that it must be presumed that a buyer would still have bought it but for a lesser price. The existence of such a defect limits the right of a buyer to a reduction of the price. NOTE: There are no minimum number of repairs nor is their a minimum number of days out of service. Redhibition simply requires that the vehicle possess a defect at the time of sale that rendered it useless or so inconvenient a reasonable buyer would not have bought the vehicle. 

The Magnuson–Moss Warranty Act is a United States federal law (15 U.S.C. § 2301 et seq.) that governs warranties on consumer products. The law does not require any product to have a warranty (it may be sold “as is”), but if it does have a warranty, the warranty must comply with this law. The law was created to fix problems as a result of manufacturers using disclaimers on warranties in an unfair or misleading manner and provides consumers with remedies for violation of express and implied warranties.

Any person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal, as a result of the use or employment by another person of an unfair or deceptive method, act, or practice declared unlawful by R.S. 51:1405, may bring an action individually but not in a representative capacity to recover actual damages. If the court finds the unfair or deceptive method, act, or practice was knowingly used, after being put on notice by the attorney general, the court shall award three times the actual damages sustained. In the event that damages are awarded under this Section, the court shall award to the person bringing such action reasonable attorney fees and costs. Upon a finding by the court that an action under this Section was groundless and brought in bad faith or for purposes of harassment, the court may award to the defendant reasonable attorney fees and costs.

I WILL FIGHT FOR YOU!

Complete the form below with details about your vehicle for a free case evaluation.

    Louisiana

    Duck Law Firm, LLC
    Louisiana Lemon Lawyer
    5040 Ambassador Caffery Pkwy
    Suite 200
    Lafayette, Louisiana 70508
    Tele: 877-902-1144
    LouisianaLemonLawyer.com

    Texas

    Duck Law Firm, LLC
    Texas Lemon Law Lawyer
    440 Louisiana Street
    Suite 900
    Houston, Texas 77052
    Tele: 877-902-1144
    TxLemonLawLawyer.com

    Colorado

    Duck Law Firm, LLC
    Colorado Lemon Law Lawyer
    1001 Bannock Street
    Denver, Colorado 80204
    Tele: 877-902-1144
    ColoradoLemonLawLawyer.com

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