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Focus (Forum & Focus)

Mar. 24, 2009

Hybrid Suits Run Out of Gas

A 4th District ruling will prevent a flood of lemon law suits alleging inaccurate fuel efficiency estimates.

FOCUS COLUMN

By Sean P. Conboy and Joseph A. Kaufman

Should "lead-foot" hybrid drivers be permitted to sue automobile manufacturers for false advertising or breach of warranty if a hybrid vehicle proves less fuel efficient than the MPG estimate on its window sticker? In Paduano v. American Honda Motor Company Inc., 169 Cal.App.4th 1453 (2009), California's 4th District Court of Appeal recently applied a federal pre-emption analysis to both types ...

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