mailin 0 #1 December 30, 2003 Anybody know how to go about filing a class action law suit? After being tipped off about a class action lawsuit against KIA Motors in CA, FL, NJ and PA for defective brakes, I'd be interested in doing the same in RI. I've replaced the brakes in my 99 KIA Sephia 3 times in the time I've owned it due to a faulty design in the brakes. I see now that other people in those states have filed a suit against them - when I previously tried to seek legal action I was told by a lawyer that there was slim chance of anything happening. I see that that is not the case any longer and would like to know how to go about filing one. Anybody know? JenniferArianna Frances Quote Share this post Link to post Share on other sites
TribalTalon 0 #2 December 30, 2003 oh god another money grubber. *rolls eyes* Quote Share this post Link to post Share on other sites
NZL60 0 #3 December 30, 2003 hey.. whatever it takes for jump money I kid you not.. here's the link: http://www.myclassactionlawsuit.com/ think of a problem.. put .com at the end Who said Kiwis can't fly? Quote Share this post Link to post Share on other sites
mailin 0 #4 December 30, 2003 Excuse me?? You have no clue as to why I would want to file this!! I paid $8000 for this car, and not 7 months later had to shovel out $900 for BRAND NEW BRAKES!!! The car only had 12,000 miles on it!?? Sound fair that KIA refused to cover it??? Then get this - I had to replace them again at 23,000 miles!!!! I have never heard of a car, under warranty, where you had to get COMPLETELY new brakes twice before 25,000. Think I'm pissed off?? hell ya - I just replaced the brakes, for the 3rd time (yes, another $1100) and I'm sick and tired of it. I want KIA to announce that they new about the problem but still sold the cars with a bad design - AND EXPECT THE CUSTOMER TO PAY FOR THEIR MISTAKES! So, frankly... shut up. I'm the last person to file frivilolus lawsuits. But I've paid out $3,000 on brakes and I'm tired of it. The car isn't even paid off yet!! JenniferArianna Frances Quote Share this post Link to post Share on other sites
pleifer 0 #5 December 30, 2003 $3000 worth of brakes in 25000 miles for a $8000 dollar car yea ya money graber.......lol sorry, I feel your pain. hope ya figure it out. There is a large possibility you can either, hop on board with the current lawsuit, or file in small claims court and when the class action comes, they would probaly settle too. Disclaimer: I have no idea what i am talking about. So only a fool would listen to me _________________________________________ The Angel of Duh has spoke Quote Share this post Link to post Share on other sites
TribalTalon 0 #6 December 30, 2003 lol okay, just as long as you only sue for like 8,000 then, not 50 billion or some ridiculous amount like everybody does these days. Quote Share this post Link to post Share on other sites
mailin 0 #7 December 30, 2003 Seems to me like they're filed according to state you reside in. I'm hoping to get more information if anyone knows. Thanks in advance, JenniferArianna Frances Quote Share this post Link to post Share on other sites
lawrocket 3 #8 December 30, 2003 I can tell you how to file a class action in federal and California courts. Look up Rule 23 of the Federal Rules of Civil Procedure (google it). Here's my legal opinion on this: Lawyers love class action lawsuits. It's a way to make a lot of money - for the lawyer. For the general public, it's not too great, in general. Why? Because a class action will force a settlement with the company that will give maybe 10 bucks per class member. Multiply that times 20 million, and it's no small change, in total. A lawyer gets maybe a third of that. So, lawyers get 6.5 million, and the individual plaintiff gets 10 dollars. Sounds fair, right? Of, did I mention that the ten dollars is in the form of a voucher? Of course, class actions have their benefits. The plaintiffs do not have to do anything at all (except the lead plaintiff, who does all the work and gets 10 bucks like everyone else). File an individual action. It's more work, but you get a remedy that makes you whole. If the class action hits RI, opt out of it. Screw the class action stuff. RI probably has a lemon law. Use it. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
mailin 0 #9 December 30, 2003 hmmm Lemon law... THe car was purchased in Massachusetts, and I now reside in RI - where should it be filed? THe mechanic that has fixed the car is also in MA. I don't care too much about the money - I just want KIA to fess up and offer to fix the brakes at their cost. JenniferArianna Frances Quote Share this post Link to post Share on other sites
BabaLouie 0 #10 December 30, 2003 >Excuse me?? >You have no clue as to why I would want to file >this!! Actually, I have no clue why you would even ask this question to a skydiving forum! Go secure a lawyer and ask him / her, then you will know for absolute sure what you can and can not do. Ever hear the term 'barracks lawyer' ? Quote Share this post Link to post Share on other sites
Nightingale 0 #11 December 30, 2003 nothing wrong with asking friends for guidance/information. As you can see, reliable information was provided. I think she picked a pretty good place to start asking. Quote Share this post Link to post Share on other sites
mailin 0 #12 December 30, 2003 Why would I want to do that when lawyers can and do charge you by the hour even to just ask a question... There is no harm in asking. But seeing as I've gotten two totally rotten responses from this - I can tell this isn't the place to ask anything non-skydiving related. WTF?? I thought this was Talk Back JenniferArianna Frances Quote Share this post Link to post Share on other sites
mailin 0 #13 December 30, 2003 Thanks! I didn't think I was too out of line, considering the wide range of stuff posted here - but oh well. Jennifer PS. Like the new pic!Arianna Frances Quote Share this post Link to post Share on other sites
BabaLouie 0 #14 December 30, 2003 Quotenothing wrong with asking friends for guidance/information. As you can see, reliable information was provided. I think she picked a pretty good place to start asking. Sure, if your friend is a lawyer, ask away. However, friends trying to be supportive and offering 'barracks lawyer' advice, with the exception of lawrocket, will not get her anywhere. She apparently has had problems with a vehicle, she needs professional answers, dropzone.com is not the place to find it. Obviously I do not think she picked a very good place to ask. This is much the same as the post from several months ago, the individual who had a vehicle damaged in a parking lot. Plenty of love and touchy feely from the folks here, and it is nice to have that, but it don't fix problems. Anyone care to discuss drug interactions and medical procedures here, yeah, that is a real good topic. Those questions should be saved for your attending physican. No, I am not a lawyer and no, I am not looking for a flame war, but really now, folks should think about the questions they are asking on this board. Quote Share this post Link to post Share on other sites
kallend 2,106 #15 December 30, 2003 Brake wear does depend on how and where you drive, of course. 12,000 of rural freeway is quite different from 12,000 of city driving. Even so, I commute in Chicago, and I get 50,000 on my brakes (Mercury). At first glance it looks as if you have a case. You didn't mention if the class action cases already filed are for the exact same problem you have.... The only sure way to survive a canopy collision is not to have one. Quote Share this post Link to post Share on other sites
Nightingale 0 #16 December 30, 2003 there are several lawyers ON these boards, and one of them answered her question. Women are always asking medical questions in the womens' forum, and we've got a couple of doctors and a midwife or two who usually answer. There is a wealth of information available on these boards. Skydiving is not the sum of all we are, and people here have diverse talents and education. There's no harm in asking, and if she hadn't gotten a satisfactory answer, I'm sure she'd have gone elsewhere. Quote Share this post Link to post Share on other sites
mailin 0 #17 December 30, 2003 Thankfully yes, in CA, FL, NJ and PA - with PA being the largest so far - 10,000 people. Thanks for the heads up, support and information from those who offered it. JenniferArianna Frances Quote Share this post Link to post Share on other sites
NZL60 0 #18 December 30, 2003 "Talk Back : Anything non-skydiving related should be discussed here! Politics, relationships, soap box, etc... Skydiving discussions are welcome but you may have better luck in the General Skydiving Discussions forum. This forum is moderated but expect a noisy bar! " No harm in asking in an open forum is there? I'd always ask a friend first if they know of.. heard of.. etc etc Who said Kiwis can't fly? Quote Share this post Link to post Share on other sites
lawrocket 3 #19 December 30, 2003 Quotehmmm Lemon law... THe car was purchased in Massachusetts, and I now reside in RI - where should it be filed? THe mechanic that has fixed the car is also in MA. I don't care too much about the money - I just want KIA to fess up and offer to fix the brakes at their cost. Jennifer To see where it should be filed, the contract for sale likely has a clause regarding forum. Most likely, it'll be in Massachusetts, since that's where the sale occurred. Of course, KIA can be expected to be hailed before any jurisdiction. One thing to be aware, though. The entire cost of th brakes is not something you can get back. The law abhors a forfeiture, and, if taken to court, the court would likely find out how much wear is reasonable, and what is reasonable for you to expect. One way or another, get the brakes fixed. If you do nothing, you'll look bad. And if you don't and the brakes fail and you are in a wreck, KIA has almost no responsibility (what we call a non-delegable duty). Of course, this is under CA law. Mass. might be different. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
mailin 0 #20 December 30, 2003 Yes, I've already fixed the brakes - 3 times now unfortunately. So thats not an issue. As far as contacting a lawyer in MA - who should I look for? What type of credentials are necessary to look at? Thanks for your help! JenniferArianna Frances Quote Share this post Link to post Share on other sites
mr2mk1g 10 #21 December 30, 2003 Every time I consider about doing one of the American Bars something like this crops up and I thank the stars that I practice law in England. Don't worry about asking questions about anything here, there's at lest the two of us lawyers here (me and lawrocket) who answer questions about each side of the Atlantic. If you ask about physics Im sure Professor Kelland will chime in. So long as you have your shit-fliters turned up to max a forum like this can be a great place to talk to people who really do know what they're talking about. A simple question can put you directly in touch with the guy who works with your problem for a living... sometimes. Like I said, just make sure you have your shit-filters turned up to max. Quote Share this post Link to post Share on other sites
mailin 0 #22 December 30, 2003 Agreed! Thanks JenniferArianna Frances Quote Share this post Link to post Share on other sites
flyhi 24 #23 December 30, 2003 You bought a Kia. Maybe you could plead insanity? Sorry, that wasn't right. I won't do it again. Okay, once more, Why do Kia's have rear window defrosters? To keep your hands warm while you push. BTW, going on 50K miles on this set of brakes in my Honda Civic Viper. Third Honda I have ever owned. Replaced one warped head at 140K miles on the second one. The only major maintenance ever performed...other than the accident repairs. And one of those wasn't my fault. Good luck.Shit happens. And it usually happens because of physics. Quote Share this post Link to post Share on other sites
AndyMan 7 #24 December 30, 2003 I put over almost 150,000 miles on my Honda Prelude original brakes. It was a stick-shift, and I did a lot of down-shifting for maximum engine braking, so I was easy on the brakes. I did drive the car very aggresively though. No, I didn't need to replace the clutch, either... I repeat, I do not think you can beat the price:performance ratio of Honda. _Am__ You put the fun in "funnel" - craichead. Quote Share this post Link to post Share on other sites
AggieDave 6 #25 December 30, 2003 Quoteprice:performance ratio of Honda. Until you drive through 1ft deep mud...--"When I die, may I be surrounded by scattered chrome and burning gasoline." Quote Share this post Link to post Share on other sites
