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McNiff v. Mazda Motor of America, Inc.
Citation:
892 N.E.2d 598 (2008)Facts
In May 2004, plaintiff Courtney McNiff’s grandfather purchased a new 2004 Mazda RX-8 from Sam Leman Mazda for $30,854 and immediately gifted it to her. The vehicle developed mechanical difficulties that rendered it unreliable. Despite plaintiff’s request for a refund, she received a second engine instead, but the vehicle continued to experience problems. Plaintiff retained attorneys Daniel Deneen and William Hutul under a contingency fee agreement providing for one-third of all amounts recovered. In August 2005, she filed suit alleging breach of written warranty and breach of implied warranty of merchantability under the Magnuson-Moss Act. The parties ultimately settled with defendant Mazda repurchasing the vehicle for $30,000, excluding attorney fees. Plaintiff then petitioned for attorney fees based on hourly rates: Deneen sought $13,650 for 56.25 hours at rates between $225-$250 per hour, and Hutul sought $14,755 for 45.4 hours at $325 per hour.
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