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Credentials of Ronald L. Burdge

Ronald L. Burdge
Burdge Law Office Co., LPA
2299 Miamisburg Centerville Road
Dayton, OH 45459

Voice: 937.432.9500
Fax: 937.432.9503
Email: Ron@OhioLemonLaw.com


Ronald Lee Burdge
View lawyer's profile

Web Sites:

Bar Admissions Since 1978:

  • Ohio
  • Kentucky
  • U.S. Supreme Court
  • U.S. Court of Appeals 6th Circuit
  • U.S. District Court, Southern and Northern Districts, Ohio
  • U.S. District Court, Southern and Northern Districts, Indiana

Awards:

  • 2007 Ohio Super Lawyer, Law & Politics Magazine
  • 2006 Ohio Super Lawyer, Law & Politics Magazine
  • 2005 Ohio Super Lawyer, Law & Politics Magazine
  • 2004 Consumer Law Trial Lawyer of the Year, National Association of Consumer Advocates

Board Certification:

  • 2005 Civil Trial Law, National Board of Trial Advocacy
  • 2000 Civil Trial Law, National Board of Trial Advocacy

Board Examiner:

  • 2002 Civil Trial Law, National Board of Trial Advocacy

Education:

  • 1978 Juris Doctor degree, University of Dayton
  • 1975 Bachelor of Arts degree, San Diego State University, California
  • 1973 Associate of Arts degree, Merced University, California

Publications:

  • National Association of Consumer Advocates
    - The Consumer Advocate, Contributing Editor
  • “When Vehicles Turn Sour: A Look at Ohio’s Lemon Law”,
    Cincinnati Bar Association, The Report, May 2000
  • Authored Various Articles Appearing from 1997 to 2004 In:
    National Consumer Law Center
    - Consumer Credit & Sales Legal Practice Series
    - Automobile Fraud
    - Consumer Warranty Law
    - Consumer Law Pleadings
  • Ohio’s Consumer Sales Practices Act, 1995, National Business Institute

Professional Association Memberships:

  • Ohio State Bar Association
  • Kentucky State Bar Association
  • American Bar Association
  • Ohio Academy of Trail Lawyers
  • National Association of Consumer Advocates
  • National Consumer Law Center
  • International Association of Consumer Law
  • American Trial Lawyers Association
  • Cincinnati Bar Association
  • Clermont County Bar Association
  • Greene County Bar Association
  • Montgomery County Bar Association

Seminars Given:

  • February 1, 2007 - Houston Law Center, Texas
    Visiting Speaker, Consumer Law Studies
    - The Economics of Practicing Consumer Law
  • November 10-13, 2006 - National Consumer Law Center
    Consumer Rights Litigation Conference
    - Doing Well While Doing Good
    - Recovering Attorney Fees in Car Cases: Practice, Procedure, Thoughts
  • November 5-8, 2004 - National Consumer Law Center
    Consumer Rights Litigation Conference
    - How to Successfully Sue Dealers for Marking Up Finance Charges
  • September 17-19, 2003 - National Association of Consumer Advocates
    2004 Auto Fraud Conference
    - Discovery Practice and Litigation Strategies
  • September 26, 2003 - OSBA - OCLE - 8th Annual Consumer Law
    Institute - Course Planner and 2 Sessions
    - Lemon Law Update and Case Summaries
    - Handicap Device Lemon Law
  • October 25-28, 2002 - National Association of Consumer Advocates
    Consumer Rights Litigation Conference
    - Fair Credit Reporting Act and Illegal Credit Pulls by Car Dealers
  • September 27, 2002 - OSBA - OCLE - 7th Annual Consumer Law
    Institute - Course Planner and 2 Sessions
    - Current Attorney Fee Cases
    - Litigation Strategies and Case Law Update
  • September 20, 2002 - The Ohio Supreme Court Judicial College
    “Civil Law Topics - Consumer Sales Practices Act” Judge’s Conference
    - CSPA, Alternatives to CSPA, Lemon Law, Attorney Fee Issues
  • April 8, 2002 - The Ohio Supreme Court Judicial College
    “Consumer Sales Practices Act” Conference for Judges, Course Planner
    - CSPA, Alternatives to CSPA, Magnuson Moss Warranty Act,
    Lemon Law, Attorney Fee Issues
  • October 26, 2001 - National Association of Consumer Advocates
    10th National Consumer Rights Litigation Conference - 2 Sessions
    - Putting All the Pieces Together for a Successful Car Case
    - Lessons from 20 years of Interviewing Car Case Clients
  • September 28, 2001 - OSBA - OCLE - 6th Annual Consumer Law
    Institute - Course Planner and 4 Sessions
    - Magnuson Moss and Related Issues
    - The Truth In Lending Act
    - Privacy Litigation: A New Frontier
    - Mandatory Arbitration Clauses and Related Issues
  • May 4, 2001 - Ohio Academy of Trial Lawyers 43rd Annual Convention
    Consumer Law Section Seminar
    - Preparing for the Fee Hearing & Complying
    With Disciplinary Rule Requirements
  • October 27, 2000 - National Association of Consumer Advocates
    9th National Consumer Rights Litigation Conference - 2 Sessions
    - Car Financing Scams
    - Ways to Cancel a Contract
  • October 30, 2000 - National Consumer Law Center
    Auto Fraud Conference - Sessions
    - Attorney Fee Issues
    - Presenting Closing Argument
  • March 24, 2000 - Ohio State Bar Association Continuing Legal
    Education Institute Annual “Ohio Consumer Law” Course
    (Organizer and Presenter for Prior 8 Annual Courses)
  • November 17, 1999 - The Ohio Supreme Court Judicial College
    “Consumer Law for Municipal Court Magistrates” Conference
  • November 5, 1999 - National Association of Consumer Advocates
    8th National Consumer Rights Litigation Conference - 2 sessions
    - Common Car Financing Violations
    - Credit Services Act Litigation
    - Lemon Law Litigation Basics
    - How Car Sales Really Work
    - Nuts & Bolts of Lemon Litigation
  • November 8, 1999 - National Consumer Law Center
    Auto Fraud Conference - 2 sessions
    - Law Office Economics
    - Developing Consumer Law Practice
  • October 10, 1998 - National Association of Consumer Advocates
    7th National Consumer Rights Litigation Conference - 1 session
    - Law Office Economics
  • October 12, 1998 - National Consumer Law Center
    Automobile Fraud Conference - 2 sessions
    - Lender Litigation Practice and Procedures in Warranty Law
    - Analyzing Automobile Documents & Spot Delivery
  • June 13, 1998 - National Association of Consumer Advocates
    Consumer Finance and Anti-Fraud Conference
    - Auto Financing Issues
  • March 7, 8, 20, 21, 1991 - Professional Education Systems, Inc.
    Consumer Law for the Practitioner - 4 Seminars (Statewide), 5 Sessions
    - Retail Installment Sales Act
    - Federal Trade Commission Act
    - Magnuson-Moss Warranty Act
    - Ohio Lemon Law
    - Conducting the Car Case Client Interview

Reported Cases

Here are just some of the court cases Mr. Burdge has litigated.

  • Whitaker v. M.T. Automotive, Inc., 111 Ohio St.3d 177, 2006-Ohio-5481 (Amicus brief on behalf of National Association of Consumer Advocates; held: allowing recovery of trebled noneconomic damages under the Consumer Sales Practices Act).
  • Sandra Smith v General Motors Corp., et al, 2006-Ohio-4283, 2006 WL 2381873 (Ohio 2nd Dist. CA) (allowing an expert to testify on car dealer sales terminology and tactics and upholding a punitive damage ratio of $840 actual damages to $35,000 punitive).
  • Olah v Ganley Chevrolet, Inc. (Ohio 8th Dist. CA), 2006 WL 350204 (holding an arbitration process to be unconscionable when it misleads a consumer and fails to disclose material terms of the arbitration process).
  • Reagans v Mountainhigh Coach, et al (2006), 2006-Ohio-423 (determining the extent of an innocent lender's liability for defunct seller's claims and defenses under 16 CFR 433, the FTC Holder Rule).
  • Harris v Ford Motor Co. (2006), 2006-Ohio-259 (holding that a dispute resolution process under the Lemon Law is an administrative process that is waived if not specifically pled as an affirmative defense).
  • McGuinea v Ganley Nissan, Inc. (2005), 2005-Ohio-6239 (holding that party claiming arbitration mechanism as a defense must introduce evidence of an agreement to arbitrate).
  • Arnold v. Volkswagen of Am., Inc. (2005), 2005-Ohio-1710, 2005 Ohio App. LEXIS 1644 (case of first impression requiring Indiana car dealer engaged in internet transactions with Ohio residents to be licensed under Ohio's Motor Vehicle Dealer Licensing statute and holding the failure to violate the Ohio Consumer Sales Practices Act).
  • Bolt vs Yamaha (2004), 2004-Ohio-1205, 2004 Ohio App. LEXIS 1052 (a "lemon" boat case interpreting difference in implied warranties of merchantability and fitness for particular purpose and fitness for use).
    Abel vs Keybank USA (2004), 2004 U.S.Dist. LEXIS 4601 (interpreting statutory conflict between Ohio Retail Instalment Sales Act and the National Bank Act).
  • Cincinnati ex rel Ritter vs Cincinnati Reds LLC (2002), 2002-Ohio-2078, 150 Ohio App.3d 728 (interpreting Ohio's taxpayer rights statute).
  • Boyle vs. DaimlerChrysler Corp. (2002), 2002-Ohio-4199, 2002 Ohio App. LEXIS 4367, 2002-2 Trade Cas. (CCH) P73,774 (a "lemon law" case involving a handicap-conversion van, holding that the breach of a warranty can diminish the value of a vehicle and that can be unfair to the consumer).
  • Bryant vs. Walt Sweeney Automotive, Inc. (2002), 2002-Ohio-2577, 2002 Ohi App. LEXIS 2657, 02-LW-1985 (an "autofraud" case involving a used car sold "as is" where jury instructions and the applicability of the Tort Reform Act's burden of proof in common law fraud were contested).
  • Snook vs Ford Motor Co., et al (2001), 142 Ohio App.3d 212, 755 N.E.2d 380 (holding the Credit Services Organization Act to be applicable to a car dealership where money is paid for dealership's credit services).
  • Hall vs Jack Walker Pontiac Toyota, Inc., et al (2001), 143 Ohio App.3d 678, 758 N.E.2d 1151 (discussing class action certification requirements in light of the Credit Services Organization and Consumer Acts and car dealership sales and financing practices).
  • Morales v Walker Motor Sales, Inc. (SD Ohio 2000), 162 F.Supp.2d 786 (interpreting lending institution liability under the FTC "anti holder in due course" rule in the absence of the mandatory language).
  • Sannes vs. Jeff Wyler Chevrolet, Inc. (1999), 107 Ohio Misc.2d 6 107 N.E.2d 112 (the first case in Ohio to apply Ohio's Credit Services Organization Act to the financing practices of a car dealership).
  • Birch v Al Castrucci, Inc. (1999), 1999 Ohio App. LEXIS 3816 (holding it to be illegal for a car dealer to have a consumer sign any new car sales document before disclosing prior damage in excess of minimum repair allowed by law).
  • Sannes vs. Jeff Wyler Chevrolet, Inc. (1999), 107 Ohio Misc.2d 11, 736 N.E.3d 116 (Motion for Reconsideration denied with further elaboration by trial court on the application of Ohio's Credit Services Organization Act).
  • Davenport vs Score Automotive, Inc. (1997), 1997 Ohio App. LEXIS 5337 (interpreting right to rescission and substantial use of goods under Ohio Consumer Sales Practices Act and Commercial Code).
    Birch v Al Castrucci, Inc. (1995), 1995 Ohio App. LEXIS 3227 (interpreting a jury waiver in a consumer contract to be presumptively enforceable).
  • Turner vs. Bob Ross Buick, Inc. (1993), 629 N.E.2d 1372, 1993 WL 485256, Cert. Denied 69 Ohio St.3d 1410 (upholding a Jury verdict of $120,000 punitive damages in a consumer fraud case under the Ohio Consumer Sales Practices Act involving $1,300 of undisclosed repairs in the sale of a used car, purchased by an attorney; the consumer recovered over $142,000, including interest on the judgment, and kept the car).
  • State vs. Rose Chevrolet, Inc. (1993), 622 N.E.2d 543, 1993 WL 229392, Cert. Denied 67 Ohio St.3d 1506 (a certified class action case over Rose's practice of selling used rental cars as "factory official"cars).
  • Sprovach vs. Bob Ross Buick, Inc. (1993), 628 N.E.2d 82 (the seminal case that decided when attorney fees should be requested under the Ohio Consumer Sales Practices Act).
  • Bittner vs. Tri-County Toyota, Inc. (1991), 58 Ohio St.3d 143 (a ground-breaking case that decided how an award of attorney fees is to be calculated under the Ohio Consumer Sales Practices Act).
  • Einhorn vs. Beau Townsend Ford, Inc. (1990), 48 Ohio St.3d 27 (this case resolved the Appellate District courts'' conflicting interpretations on the meaning of "knowingly" under the Ohio Consumer Sales Practices Act).
  • Zeff vs Rose Chevrolet, Inc. (1989), 62 Ohio App.3d 54, 574 N.E.2d 562 (Class action certification decision appeal was upheld on reconsideration of unreported decision dismissing appeal of certification decision).
  • Brown vs. Liberty Clubs (1989), 45 Ohio St.3d 191 (this 10 year long lawsuit went to the court of appeals twice before the Supreme Court held that the Ohio Consumer Sales Practices Act covers a "mixed" consumer transaction involving both personal and real property).
  • Rose Chevrolet, Inc, vs. Adams (1988), 36 Ohio St.3d 17 (doing the appellate work on this bitterly fought case, Mr. Burdge's appellate argument involved the burden of proof a consumer needed in order to set aside a default judgment under Civil Rule 60-B).
  • Hardeman vs. Wheels, Inc. (1988), 56 Ohio App.3d 142 (in this case of first impression the Court of Appeals interpreted the Federal Trade Commission's Trade Regulation Rule 16 C.F.R. 433.2(a), and adopted Mr. Burdge's characterization of it as the "anti-holder in due course" clause, deciding the claims and defenses which an innocent consumer could assert against an innocent financier of a new car sold by a fraudulent car dealer).
  • Crull vs. Maple Park Body Shop (1987), 36 Ohio App.3d 153 (this case of first impression interpreted the Ohio Fictitious Name Act and its interplay with the Ohio Consumer Sales Practices Act).
  • Thomas vs. Hurst Lincoln-Mercury, Inc. (SD Ohio 1987), 72 Bankr. R. 747 (this case involved the personal liability of the owner of a defunct car dealership to consumers for his "title-kiting" and failure to deliver titles to sold vehicles).
  • Brooks vs. Hurst Buick-Pontiac-Olds-GMC, Inc. (1985), 23 Ohio App.3d (this leading case of first impression established the definition of "knowing" under the Ohio Consumer Sales Practices Act which was eventually adopted by other state Appellate Courts and the Supreme Court in another case handled by Mr. Burdge).
  • In Re Matter of Thacker (SD Ohio 1982), 24 Bankr. R. 835 (this case held an attorney liable to a consumer for the attorney''s violation of a Bankruptcy Court''s "Stay Order" which was caused by the attorney''s deliberate garnishment of the consumer''s account and the attorney''s failure to refund the garnishment).
  • Benchic vs. Center Entertainment Corp. (SD Ohio 1982), 25 Bankr. R. 502; Matter of Century Entertainment Corp. (SD Ohio 1982), Bankr. R. 160; Benchic vs. Century Entertainment Corp. (SD Ohio 1982), 20 Bankr. R. 126 (these class action cases involved violation of numerous consumer protection laws by a company in Chapter 11 bankruptcy).
  • In Re Walter (SD Ohio 1982), 17 Bankr. R. 644 (interpreting the consumer protection provisions of the Ohio Retail Instalment Sales Act and the Truth In Lending Act, in relation to the U.S. Bankruptcy Code).
  • Phillips vs. Cincinnati Insurance Company (1979), 60 Ohio St. 2d 180 (this ground breaking case involved a fight between an insurance company and a consumer over a $1500 pickup truck that was stolen from the consumer-owner; the Supreme Court held, for the first time, that an innocent purchaser of a stolen motor vehicle has an insurable interest in the vehicle and the insurance company had to pay the claim).
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