LOS ANGELES--(BUSINESS WIRE)--On May 22, 2017, in Nissan Motor Acceptance Corporation v. Superior Auto of Fremont, LLC, et al., Orange County Superior Court Case No. 30-2009-00305125-CU-BC-CJC, a jury awarded $256,450,000 against Nissan Motor Acceptance Corporation (NMAC). NMAC is the financing arm and a subsidiary of Nissan Motor Limited, the worldwide manufacturer of the Nissan automobile brand. The jury awarded $121,900,000 in compensatory damages; and the jury determined Nissan’s conduct to be so reprehensible that they found by clear and convincing evidence that Nissan acted with fraud, malice or oppression and awarded $134,550,000 in punitive damages.The plaintiffs are the Superior Automotive Group, a group of Nissan and Toyota dealerships owned by auto dealer Michael Kahn. Superior was financed by NMAC and, in 2009, was put out of business by NMAC during the recession. The plaintiffs prevailed on claims for fraud by concealment and negligent misrepresentation. Amnon Siegel, lead trial lawyer for Superior and Mr. Kahn, said: “I want to thank the jury for their hard work and diligence. After eight years, this was a hard-fought and well-deserved victory and vindication for Michael Kahn. I’m happy for Mr. Kahn and his family.”
The case was originally filed in 2009, tried to a jury before a different Judge in 2011 at which time NMAC obtained a $40 million judgment on its contract claim, then the fraud claims were reversed on appeal in 2014 and remanded for retrial. A copy of the California Court of Appeal opinion reversing and remanding the case for retrial is attached.
Superior Auto Group and Mr. Kahn are represented by Miller Barondess, LLP located in Los Angeles, California; their trial lawyer is partner Amnon Siegel assisted by associate Adithya Mani. Per Skip Miller, the firm’s managing partner, “I’m pleased by this result and very proud of Amnon for his hard work in bringing in this verdict; and most of all, I’m happy for Mike Kahn. He finally obtained justice for what was done to him, his business and his family. Mike is a great guy, and a great car dealer, and he deserves this so he can get his life back.”
California Court of Appeal Opinion
