MELTON v. FRIGIDAIRE

No. 1-03-1447.

805 N.E.2d 322 (2004)

346 Ill. App.3d 331

281 Ill.Dec. 954

Ella MELTON, Plaintiff-Appellee v. FRIGIDAIRE and Best Buy, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

February 24, 2004.


Attorney(s) appearing for the Case

John M. O'Halloran and Loari M. O'Halloran, Coleman, O'Halloran & Wynn, LLC, Chicago, for Appellants.

Scott M. Cohen, Krohn & Moss, Ltd., Chicago, for Appellee.


Presiding Justice WOLFSON delivered the opinion of the court:

This case began as a dispute about a recalcitrant refrigerator. It now presents us with a fee-shifting issue that is a matter of first impression in the courts of this State: whether a party to a settlement agreement is a "prevailing party" entitled to attorney's fees and costs under the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (Magnuson-Moss Warranty Act) (15 U.S.C. §...

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