Milicevic v. Fletcher Jones Imports, Ltd.
United States Court of Appeals for the Ninth Circuit
402 F.3d 912 (2005)
Marina Milicevic (plaintiff) bought a new car from Fletcher Jones Imports (Fletcher) (defendant) that had persistent brake and rear-window problems, requiring multiple repairs under Fletcher's limited written warranty; within seven months, the car had spent 55 days in Fletcher's repair shop. When Milicevic asked Fletcher to replace the car or refund her money, Fletcher did not respond satisfactorily, and she sued for breach of express and implied warranties, violation of Nevada's lemon law, and violation of the federal Magnuson-Moss Warranty Act; after a bench trial, the district court ruled for Milicevic, and Fletcher appealed.
Whether, under a state lemon law, a car manufacturer, agent, or dealer must replace or repurchase a sold car if the car is defective and the defects cannot be fixed after a reasonable number of attempts.