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ABELA v. GENERAL MOTORS CORP.

Docket No. 124375.

677 N.W.2d 325 (2004)

469 Mich. 603

John and Barbara ABELA, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

Supreme Court of Michigan.

April 7, 2004.

Attorney(s) appearing for the Case

Miller Shea, P.L.L.C. (by E. Powell Miller and Marc L. Newman), Troy, Consumer Legal Services, P.C. (by Christopher M. Lovasz and Mark Romano), Garden City, and Trial Lawyers for Public Justice, P.C. (by F. Paul Bland, Jr. and Michael J. Quirk), Washington, DC, for the plaintiffs.

Wienner & Gould, P.C. (by S. Thomas Wienner and Seth D. Gould), Troy, and Kirkland & Ellis L.L.P. (by Richard C. Godfrey, P.C.), Chicago, IL, (Carol H. Lesnek-Cooper, of counsel), Detroit, for the defendant.

MEMORANDUM OPINION

This case poses the question whether the federal consumer product warranty act prohibits enforcement of a binding arbitration agreement entered into by a person who purchases a vehicle under a motor vehicle manufacturer's employee purchase plan. The trial court ruled that such a binding arbitration agreement is prohibited by the federal act. The Court of Appeals reversed the trial court's decision, relying on the supposedly binding authority of...

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