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Scott M. Cohen - Chicago, IL
10 N. Dearborn St.3rd Floor Chicago, IL 60602- 4327
Krohn & Moss, Ltd. Consumer Law Center
Chicago Breach Of Warranty Lawyer
Overview
Scott M. Cohen is a consumer attorney concentrating his practice in breach of warranty, fair debt collection, and consumer fraud actions. Mr. Cohen earned his Bachelor of Arts degree in Political Science from the University of Illinois in Champaign-Urbana in May 1993. He earned his law degree from Ohio Northern University, Pettit College of Law in May 1996. While at Ohio Northern University, Mr. Cohen was an Associate Editor of the Ohio Northern University Law Review. Mr...
Scott M. Cohen is a consumer attorney concentrating his practice in breach of warranty, fair debt collection, and consumer fraud actions. Mr. Cohen earned his Bachelor of Arts degree in Political Science from the University of Illinois in Champaign-Urbana in May 1993. He earned his law degree from Ohio Northern University, Pettit College of Law in May 1996. While at Ohio Northern University, Mr. Cohen was an Associate Editor of the Ohio Northern University Law Review. Mr...
Scott M. Cohen is a consumer attorney concentrating his practice in breach of warranty, fair debt collection, and consumer fraud actions. Mr. Cohen earned his Bachelor of Arts degree in Political Science from the University of Illinois in Champaign-Urbana in May 1993. He earned his law degree from Ohio Northern University, Pettit College of Law in May 1996. While at Ohio Northern University, Mr. Cohen was an Associate Editor of the Ohio Northern University Law Review. Mr. Cohen was licensed to practice law by the Supreme Court of Illinois in November 1996. In March of 1999, Mr. Cohen was admitted as a member of the Federal Trial Bar. In September of 1999, Mr. Cohen was admitted to the Indiana Bar. In October 2002, Mr. Cohen was admitted to practice before the United States Seventh Circuit Court of Appeals and on September 3, 2004, Mr. Cohen was admitted to practice before the United States Supreme Court. Mr. Cohen is also admitted to practice before the United States District Courts for the Northern and Southern Districts of Illinois and the Northern District of Indiana. Mr. Cohen has been employed as an attorney at Krohn & Moss, Ltd. since November 1996 and has successfully handled well over two thousand consumer actions by means of settlement, court ordered arbitration, mediation, trial and appeal. He has briefed and argued countless dispositive motions and appellate briefs regarding matters of significant consumer interest. Notably, Mr. Cohen has successfully argued a total of six (6) cases before State Supreme Courts in addition to one (1) case before the United States Seventh Circuit Court of Appeals. He has successfully argued all six of the State Supreme Court cases for which he has handled. Mr. Cohen has also argued thirty-three (33) other appeals to Appellate Courts in five (5) different states. More specifically, Mr. Cohen has argued on twenty (20) occasions before the Illinois Court of Appeals, on four (4) occasions before the Georgia Court of Appeals, on four (4) occasions before the Florida Court of Appeals, on three (3) occasions before the California Court of Appeals, and on two (2) occasions before the Missouri Court of Appeals. Mr. Cohen has also tried approximately fifteen (15) consumer actions to verdict through jury and/or bench trial. In regards to Mr. Cohen’s State Supreme Court victories, in February of 2005, Mr. Cohen prevailed in the first of the six (6) state Supreme Court cases that he has handled. Specifically, Mr. Cohen successfully convinced the Wisconsin Supreme Court in Mayberry v. Volkswagen of America, Inc., 692 N.W.2d 226, 2005-1 Trade Cases P 74,710, 2005 WI 13 (Feb. 16, 2005) in a unanimous (7-0) decision to allow a consumer’s claim to proceed for breach of warranty despite the fact that the consumer had traded-in the subject vehicle for more money then it was worth at the time. Furthermore, on February 22, 2005 in Hyundai Motor America, Inc. v. Goodin, 822 N.E.2d 947 (Feb. 22, 2005), Mr. Cohen successfully convinced the Indiana Supreme Court in a unanimous (5-0) decision to abolish the doctrine of privity of contract as a requirement for pursuing an implied warranty action against a car manufacturer pertaining to the fitness of an automobile. In doing so, Mr. Cohen also reinstated a jury’s verdict finding that Hyundai Motor America had breached the implied warranty of fitness for Ms. Goodin’s automobile. On May 27, 2005, Mr. Cohen prevailed again before the Wisconsin Supreme Court in Peterson v. Volkswagen of America, Inc., 697 N.W.2d 61 (May 27, 2005) in another unanimous (7-0) decision. In Peterson, the Wisconsin Supreme Court agreed with Mr. Cohen’s argument that leased vehicles are covered by the Magnuson-Moss Warranty Act. Finally, Mr. Cohen recently prevailed before the Illinois Supreme Court in Razor v. Hyundai Motor America, Inc., 222 Ill. 2d 75 (2006) certiorari denied by Hyundai Motor America v. Razor, 127 S.Ct. 1156 (2007) wherein the Illinois Supreme Court held that Hyundai’s disclaimer of consequential damages, i.e., aggravation and inconvenience and loss of use, was unconscionable and that Ms. Razor should have been allowed to testify to the value of her own automobile in order to establish her diminished value damages. On April 12, 2007, Mr. Cohen prevailed before the Florida Supreme Court in American Honda Motor Company, Inc. v. Cerasani, 955 So.2d 543 (Fl. 2007) in a unanimous (7-0) decision. Subsequent to Mr. Cohen winning the underlying appeal in Cerasani before the Florida Second District Court of Appeal, Honda appealed the Appellate Court’s finding that leased automobiles are covered by the Magnuson-Moss Warranty Act. The Florida Supreme Court certified the case as in conflict with Sellers v. Frank Griffin AMC Jeep, Inc., 526 So. 2d 147 (Fla. 1st DCA 1988) (finding that the leased vehicle at issue was not covered by the Warranty Act). Relying upon authority from cases successfully handled by Mr. Cohen on this same issue, the Florida Supreme Court disapproved Sellers and affirmed the District Court’s opinion holding that leased automobiles are covered by the Magnuson-Moss Warranty Act. Most recently, on September 20, 2007, Mr. Cohen prevailed again before the Illinois Supreme Court in Mydlach v. DaimlerChrysler Corporation, 875 N.E.2d 1047. In Mydlach, the trial court dismissed the plaintiff’s breach of warranty action finding that the claim was barred by the statute of limitations since the vehicle at issue was purchased used more than four (4) years from the date the plaintiff filed suit against DaimlerChrysler. After Mr. Cohen prevailed on appeal before the Illinois Appellate Court, DaimlerChrysler appealed the matter to the Illinois Supreme Court. The Illinois Supreme Court affirmed the Appellate Court’s reversal of the trial court’s dismissal order. While the Illinois Supreme Court did find that a “used” car purchaser could not revoke acceptance of the vehicle against DaimlerChrysler, the Illinois Supreme Court held that the plaintiff’s breach of warranty claim was not barred by the statute of limitations and that the federal Magnuson-Moss Warranty Act provided an independent cause of action for the plaintiff to pursue a claim for monetary damages against DaimlerChrysler. Currently, Mr. Cohen manages Krohn & Moss, Ltd.’s Appellate division where he is responsible for all aspects of appeals handled by the firm. At present, he is personally responsible for approximately twenty (20) appeals currently pending in appellate courts located in Illinois, Indiana, California, Florida, and Ohio.
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