Cases

William and Connie Huston v. Mercedes-Benz USA, LLC, et al.

Case Number:
35702
Case Date:
10-05-2011
Case Issue:

Defendants present the circuit court's certified questions issued in this action alleging violations of the West Virginia Lemon Law, the West Virginia Consumer Protection laws, and the federal Magnuson-Moss Act. The certified questions are as follows:

1. "Does the Circuit Court of Kanawha County, West Virginia, have jurisdiction over a law suit wherein the Plaintiffs purport to be seeking to enforce the terms of a federal class action settlement, where the federal District Court that had jurisdiction of that class action expressly retained jurisdiction over the parties thereto?"   The circuit court answered the first question in the affirmative.

2. "Are members of a federal court class who released all asserted or potential claims in exchange for the relief granted to the class under the federal court settlement barred from nonetheless pursuing claims, including a statutory "lemon law" claim under West Virginia law under the guise of enforcing the settlement and which would result in affirmative relief well beyond what is available under the settlement terms?"   The circuit court answered the second question in the affirmative.