Legal Opinion

Melton v. Frigidaire

Appellate Court of Illinois

Decided February 24, 2004No. 1-03-1447PublishedCited by 14 opinions

1Opinion of the Court

PRESIDING JUSTICE WOLFSON

delivered the opinion of the court:

This case began as a dispute about a recalcitrant refrigerator. It now presents us with a fee-shifting issue that is a matter of first impression in the courts of this state: whether a party to a settlement agreement is a “prevailing party” entitled to attorney fees and costs under the Magnuson-Moss Warranty — Federal Trade Commission Improvement Act (Magnuson-Moss Warranty Act or Act) (15 U.S.C. § 2301 et seq. (1994)). The trial court found the settling plaintiff was a prevailing party and awarded attorney fees and costs to…

2Cases cited19 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  3. Maher v. GagneSupreme Court of the United States · 1980
  4. Stephen Ustrak v. James W. FairmanCourt of Appeals for the Seventh Circuit · 1988
  5. Federation of Advertising Industry Representatives, Inc., an Illinois Not-For-Profit Corporation v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2003

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3Cited by14 opinions

  1. Demitro v. General Motors Acceptance Corp.Appellate Court of Illinois · 2009
  2. McNiff v. Mazda Motor of America, Inc.Appellate Court of Illinois · 2008
  3. Hyundai Motor America v. AlleyCourt of Special Appeals of Maryland · 2008
  4. People v. ex rel. Schad, Diamond and Shedden, P.C. v. QVC, Inc.Appellate Court of Illinois · 2015
  5. Montgomery v. 232511 Investments, Ltd.Supreme Court of Vermont · 2012

9 more not listed; retrieve them via the Exa API.

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