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06 January 2012 / Roger Smith
Issue: 7495 / Categories: Opinion , Profession
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If life gives you lemons...

Roger Smith gets the juice on lemon law, landmarks & lectures

A leading American lawyer, Vince Megna, has protested against fee-limiting arrangements introduced in Wisconsin by refusing to act for any Republicans, the state’s majority party.

Megna is a familiar figure in the US profession, widely known as the “lemon law” king. Lemon law, as he helpfully explains on his website, is “the body of law that offers protection to owners of motor vehicles with recurring mechanical or other problems that are not resolved within a reasonable time by the dealer or manufacturer”. Megna has used the previously welcome provisions of Wisconsin jurisdiction to some effect. He obtained $385,000 from DaimlerChrysler for a defective Dodge Viper, $482,000 from Mercedes-Benz for a dud E class, and proudly claims to have got the better of General Motors over 700 times without a single loss.

The key to judgments of such magnitude is to persuade the court to apply a multiplier to damages. Mercedes paid about eight times the value of the car in question.

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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