OUR CRITERIA FOR LEMON LAW CASES

We are very selective! The criteria required in order for us to agree to representation is as follows:

2018 OR NEWER MODELS

New or Used (as long as the initial repair attempts were made under the original express warranty)

3 or more repair attempts on the same component or 5 total repair attempts within the express manufacturer warranty period and the last repair attempt occurred within the last twelve months; and/or the vehicle is out of service for a cumulative period of 30 days or more for a warranty repair or attempted repair and that attempted/warranty repair occurred within the last twelve months.

We do not count manufacturer recalls as repair attempts. However, if a recall takes the vehicle out of service for 30 days or more, and the recall was made within the last 12 months, that case meets our requirements.

Vehicle repair

OUR PROCESS

  1. You initiate contact with our office by completing an online form, sending us an email or calling us about problems you are experiencing with your vehicle.

  2. One of our team members calls you to get important details about the problems you are experiencing with your vehicle.

  3. If you qualify, our team member will send you a retainer agreement and questionnaire to be completed and signed electronically.

  4. Next we will request you send your repair order and your sales documents.

  5. Once we receive the requested documents, we conduct an extensive investigation about your vehicle including research about recalls, lawsuits, warranty and repair history, VIN# research, blog research, & manufacturer bulletins about your vehicle.

  6. Next our attorney evaluates your case and prepares a lawsuit or a notice of demand to send to the manufacturer so that the manufacturer has notice of the claim and requires them to evaluate your case.

  7. Our attorney then takes the proper steps to advocate for you to recover for you an appropriate settlement award or verdict.

WHAT YOU SHOULD KNOW

If you qualify, absolutely. Typically [80%] recovery is anywhere 10% to 30% of the purchase price. The range depends on the number of repairs, nature of the repairs. mileage on the vehicle and days out of service. In some instances, the damages will exceed 20% due to the extent of the defect, circumstances, and days out of service. In the event the defect renders the vehicle useless, or so unsafe that a reasonable person would not drive the vehicle, then the buyer may be entitled to a repurchase. A repurchase is where the manufacturer reimburses you for what you paid, pays off any outstanding balance. However, the manufacturer may seek credit for the milage on the vehicle.

The law provides that if the buyer proves a manufacturing defect with vehicle that the manufacturer is liable for the buyers’ attorney fees. Part of our investigation and evaluation process is to identify manufacturing defects. When we proceed, we are confident we can prove a manufacturing defect. Thus, we seek our attorney fees from the manufacturer. If a settlement can be reached, the fees will be part of the settlement agreement. If the case goes to trial, the fees will be part of a verdict or order. Either way, you are not required to pre-pay fees, pay a retainer or pay fees in the event we fail to make a recovery on your behalf.

Texas laws that address motor vehicle warranties include: 2301.601- 2301.613 (“Texas Lemon Law”) 15 USC 2301, et seq. (“Magnuson-Moss Warranty Act”), Article 2 of the Uniform Commercial Code and, Texas Business and Commerce Code Section 17.01, et seq. (Texas Deceptive Trade Practices Act).

A rebuttable presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to an applicable express warranty is established if: the same nonconformity continues to exist after being subject to repair four or more times by the manufacturer, converter, or distributor or an authorized agent or franchised dealer of a manufacturer, converter, or distributor and the attempts were made before the earlier of: the date the express warranty expires ; or 24 months or 24,000 miles, whichever occurs first, following the date of original delivery of the motor vehicle to the owner.

A manufacturer, converter, or distributor that is unable to conform a motor vehicle to an applicable express warranty by repairing or correcting a defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the motor vehicle after a reasonable number of attempts shall reimburse the owner for reasonable incidental costs resulting from loss of use of the motor vehicle because of the nonconformity or defect and: replace the motor vehicle with a comparable motor vehicle; or accept return of the vehicle from the owner and refund to the owner the full purchase price, less a reasonable allowance for the owner’s use of the vehicle, and any other allowances or refunds payable to the owner.

The Magnuson–Moss Warranty Act is a United States federal law (15 U.S.C. § 2301 et seq.) that governs warranties on consumer products. The law does not require any product to have a warranty (it may be sold “as is”), but if it does have a warranty, the warranty must comply with this law. The law was created to fix problems as a result of manufacturers using disclaimers on warranties in an unfair or misleading manner and provides consumers with remedies for violation of express and implied warranties.

A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish: (1) the use or employment by any person of a false, misleading, or deceptive act or practice that is:(A) specifically enumerated in a subdivision of Subsection (b) of Section 17.46 of the TDTPA; and (B) relied on by a consumer to the consumer’s detriment; (2) breach of an express or implied warranty.

WHY YOU SHOULD HIRE US

EXPERIENCE & INTEGRITY

This is what we do! Mr. Duck has over 27 years of litigation experience in the field of consumer law and has successfully represented thousands of motor vehicle owners and collected millions of dollars in damages from automobile manufacturers as a result of the “LEMONS” his clients  purchased. 

Speaking Engagements

Dirty Litigation Tactics, 2016

HarrisMartin’s MDL Conference, Bair Hugger, Volkswagen and Pharmaceutical Update, 2015

HarrisMartin Volkswagen Diesel Emissions Litigation, 2015

Effective Presentation at Trial, May it Please the Court, 2012

Associations

Association of Plaintiff Interstate Trucking Lawyers of America, Member

American Association for Justice, Member

Million Dollar Associates Forum

Multi Million Dollar Associates Forum

National Association of Distinguished Counsel 

The National Trial Lawyers Top 100

LICENSED JURISDICTIONS

United States Supreme Court

  • United States Supreme Court
  • U.S. Western District of LA
  • U.S. Middle District of LA
  • U.S. Eastern District of LA
  • Louisiana Supreme Court
  • All State Courts in the State of Louisiana
  • U.S. Northern District of Florida
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Northern District of Texas
  • U.S. Southern District of Texas
  • U.S. Eastern District of Texas
  • U.S. Western District of Texas
  • U.S. Northern District of Indiana
  • U.S. Eastern District of Michigan
  • U.S. Eastern District of Missouri
  • U.S. District of Colorado

TESTIMONIALS

EXCELLENT
49 reviews on
Ian Resweber
Ian Resweber
2022-06-15
Great experience. Easy to work with.
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Jason Read Owner
Jason Read Owner
2022-06-13
Awesome Attorney!! Always stayed in communication and communication is key! Thanks Kevin 👊👍
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Carroll Hayes
Carroll Hayes
2022-06-11
The Duck Law Firm was very professional but also very personal. The ease of working with each individual was a really nice experience. Vickie was so nice & made both my wife & myself feel so comfortable & answered all our questions & then some. We highly recommend this firm for quick & great results. Thank you Duck Law Firm & Staff...
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tu angelito.soyyo R.
tu angelito.soyyo R.
2022-06-10
Gracias a la abogada .isaballa y asistente angela obtuve una buena recompensa por mi accidente les puedo asegurar que ella lucharan por usted 100%recomendable
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Melvin Carter
Melvin Carter
2022-06-09
Duck Law Firm delivers on their word. They will not leave you hanging. They are willing to take on BIG Corporations for you and get positive results.
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Timothy Powell
Timothy Powell
2022-06-08
The Duck Law Firm is Awesome, Kevin and his Team were Great with Instruction and they mean what they say . I'm Very Greatful.and Happy with the Settlement I received and it was done in a timely manner ,Thank You So Much for Everything ,I would Recommend this Firm over and over Again For all of your Lemon Law Needs !!!!
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TYPES OF CASES

We handle Magnuson-Moss Warranty claims in Texas Federal Court, representing clients who have purchased a motor vehicle with a nonconformity (“manufacturing defect”) that renders the vehicle useless or so inconvenient that a reasonable buyer would not have purchased the vehicle had he/she known of the defect. We are not licensed in Texas State Court.

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I WILL FIGHT FOR YOU!

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Louisiana-Main Office

Duck Law Firm, LLC
Louisiana Lemon Lawyer
5040 Ambassador Caffery Pkwy
Suite 200
Lafayette, Louisiana 70508
Tele: 877-902-1144
www.LouisianaLemonLawyer.com

Texas

Duck Law Firm, LLC
Texas Lemon Lawyer
440 Louisiana St.
Suite 900
Houston, Texas 7002
Tele: 877-902-1144
www.TxLemonLawLawyer.com

Colorado

Duck Law Firm, LLC
Colorado Lemon Lawyer
1001 Bannock St.
Denver, Colorado 80204
Tele: 877-902-1144
www.ColoradoLemonLawLawyer.com

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