Legal Opinion

Beam v. Domani Motor Cars, Inc.

District Court, S.D. Florida

Decided February 11, 2013No. Case No. 12-62221-CIVPublished

1Opinion of the Court

ORDER ON DEFENDANT’S MOTION TO DISMISS

ROBIN S. ROSENBAUM, District Judge.

Based on an advertisement representing the mileage of a 1970 Chevrolet Chevelle to be 56,537 miles, Plaintiff Stephen Beam purchased the advertised vehicle from Defendant Domani Motor Cars, Inc. Shortly after procuring the car, however, Beam realized that the odometer was stuck at 56,537 miles and attempted to return the Chevelle. Defendant refused to accept the return, and this lawsuit followed. In it, Plaintiff alleges violations of state law and of the disclosure and tampering provisions of the federal Odometer Act,…

2Cases cited18 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  4. Sandra Jackson v. BellSouth TelecommunicationsCourt of Appeals for the Eleventh Circuit · 2004
  5. American Dental Assoc. v. Cigna Corp.Court of Appeals for the Eleventh Circuit · 2010

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