Marina Milicevic, Plaintiff-Appellee-Cross-Appellant v. Fletcher Jones Imports, Ltd. Mercedes-Benz Usa, Defendants-Appellants-Cross-Appellees

Defendants-Appellants Fletcher Jones Imports and Mercedes-Benz USA (collectively “Mercedes”) appeal from the district court’s judgment in favor of Plaintiff-Ap-pellee Marina Milicevic following a bench trial. Milicevic sued for damages due to defects in the Mercedes S-500 automobile she purchased from Fletcher Jones Imports. Her Nevada state court complaint alleged breach of express warranty, breach of the implied warranties of merchantability and fitness, violation of Nevada Revised Statute §§ 597.600-597.680 (2000) (Nevada’s “lemon law”), and violation of the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312 (1998). Mercedes removed the case to federal court based on federal question jurisdiction.

The district court found that Mercedes breached its written warranty and violated both the Nevada lemon law and the Mag-nuson-Moss Warranty Act. The district court awarded Milicevic damages under the Nevada lemon law and attorneys’ fees under the Magnuson-Moss Warranty Act.

Mercedes contends the district court incorrectly found a violation of the Nevada lemon law. Mercedes also contends that the district court incorrectly applied the Magnuson-Moss Warranty Act and that its…