All answers and comments appreciated.
State = NH
As a matter of law:
1) Can a civil action be brought to seek damages under both federal and state odometer statutes in the same action filed in a NH state court?
Defendant(private party) knowingly failed to disclose to buyer odometer discrepancy/error prior to sale, failed to comply with other provisions to document the odometer error, and does not dispute this fact.
The federal statute states that "A person may bring a civil action to enforce a claim under this section in an appropriate United States district court or in another court of competent jurisdiction."
I can find nothing in either state(NH) or federal law that would bar a claim for statutory damages to be awarded under both statutes.
The Federal statute
The New Hampshire statute49USC32710 http://frwebgate.access.gpo.gov/cgi-...te:+49USC32710
TITLE 49--TRANSPORTATION
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327--ODOMETERS
Sec. 32710. Civil actions by private persons
(a) Violation and Amount of Damages.--A person that violates this
chapter or a regulation prescribed or order issued under this chapter,
with intent to defraud, is liable for 3 times the actual damages or
$1,500, whichever is greater.
(b) Civil Actions.--A person may bring a civil action to enforce a
claim under this section in an appropriate United States district court
or in another court of competent jurisdiction. The action must be
brought not later than 2 years after the claim accrues. The court shall
award costs and a reasonable attorney's fee to the person when a
judgment is entered for that person.
2) Provided plaintiff prevails, does it void the sales contract/title transfer or does the contract then become voidable at plaintiffs option? My interpretation is that it is voidable.RSA 358-A:10 http://www.gencourt.state.nh.us/rsa/...A/358-A-10.htm
TITLE XXXI
TRADE AND COMMERCE
CHAPTER 358-A
REGULATION OF BUSINESS PRACTICES FOR CONSUMER PROTECTION
Section 358-A:10
358-A:10 Private Actions. –
I. Any person injured by another's use of any method, act or practice declared unlawful under this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court.
II. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.
3) Can the claim based upon federal statute be moved to US court? My interpretation is that defendant could possibly remove the federal claim to US district court under 28USC1441. Is this correct?
Thanks for all answers and comments!28USC1441
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 89--DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
Sec. 1441. Actions removable generally
(a) Except as otherwise expressly provided by Act of Congress, any
civil action brought in a State court of which the district courts of
the United States have original jurisdiction, may be removed by the
defendant or the defendants, to the district court of the United States
for the district and division embracing the place where such action is
pending...

