KIA MOTORS AMERICA CORPORATION v. Butler

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that actual damages under FDUTPA do not include consequential damages, such as repair or resale damages
• holding that actual damages under FDUTPA do not 19 include consequential damages, such as repair or resale damages
• finding that, in a case in which the plaintiff paid to repair and replace the allegedly deceptive brakes in her vehicle, the plaintiff sought recovery of consequential damages that are not recoverable under the FDUTPA
• finding that individual issues would predominate over causation determinations because of individualized inquiries, such as “whether the purchaser had knowledge of the alleged brake defect and purchased the vehicle despite such knowledge”
• noting that under FDUTPA a successful litigant is only entitled to “actual damages”
• reversing class certification where individual inquiry would be necessary to determine liability and damages in the case of each class member

Source: CourtListener parenthetical corpus (CC0).