Legal Opinion

Burke v. Thor Motor Coach, Inc.

District Court, E.D. Virginia

Decided July 9, 2015No. Case No. 3:15-cv-75PublishedCited by 4 opinions

1Opinion of the Court

OPINION

JOHN A. GIBNEY, JR., District Judge.

In 2014, Gene and Virginia Burke bought a . brand new RV made by THOR Motor Coach, Inc. (“Thor”), with a chassis manufactured by Freightliner Custom Chassis Corporation (“FCCC”). The RV turned out to be a lemon, according to the Burkes. After several unsuccessful attempts to resolve various mechanical and aesthetic problems, the Burkes sued both Thor and FCCC under both federal and state warranty enforcement laws. Thor filed the instant motion to dismiss, arguing that Virginia’s lemon law excludes from liability all motorhome manufacturers except…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lehman Brothers v. ScheinSupreme Court of the United States · 1974
  4. Board of Governors of the Federal Reserve System v. AgnewSupreme Court of the United States · 1947
  5. Unus v. KaneCourt of Appeals for the Fourth Circuit · 2009

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3Cited by4 opinions

  1. Davis v. Freightliner Custom Chassis CorporationDistrict Court, N.D. Indiana · 2025
  2. Kulshrestha v. Shady Grove Reproductive Science Center, P.C.District Court, E.D. Virginia · 2023
  3. Mars, Incorporated v. Factory Mutual Insurance CompanyDistrict Court, E.D. Virginia · 2023
  4. Meyers v. Mercedes-Benz USA, LLCDistrict Court, E.D. Virginia · 2024

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