Manufacturers, Failure To State A Claim

Wisconsin Federal Court Grants Manufacturer’s Motion to Dismiss Magnuson-Moss Warranty Act and Antitrust Claims

Lathrop GPM on 8/9/2024

A federal court in Wisconsin recently dismissed a multi-district class action suit in which owners of Harley-Davidson motorcycles asserted that Harley-Davidson violated the Magnuson-Moss Warranty Act (MMWA), as well as state...more

As Cars Become Computers On Wheels, Computer-Based Litigation Against OEMs Becomes More Likely

Seyfarth Shaw LLP on 6/3/2021

A recently filed lawsuit illustrates the new litigation challenges that automakers will face as cars incorporate telematics and other connected car technologies. In a class action complaint filed in Bowen v. Porsche Cars...more

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/11/2019

In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more

Healthcare Law Update: May 2018

Holland & Knight LLP on 5/30/2018

Enforcement - OIG Issues Advisory Opinion on Provision of Samples by a Device Distributor - On April 30, 2018, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a...more

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

Dechert LLP on 3/7/2018

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

Court Finds Manufacturer/Distributor Relationship Does Not Create An Informal Fiduciary Relationship

Winstead PC on 3/16/2017

In Samsung Electronics America v. Chung, Samsung Electronics America, Inc. (“Samsung”) filed suit against All Pro Distributing, Inc. (“All Pro”) and certain former employees alleging claims for breach of fiduciary duty and...more

Ninth Circuit Affirms Dismissal of Challenge to Alleged Horizontal Adoption of Minimum Advertised Prices

Sheppard Mullin Richter & Hampton LLP on 9/29/2015

In what has been described as the latest opinion on the use of hub and spoke theories to allege conspiracies in violation of Section 1 of the Sherman Act, the plaintiffs took the position that the viability of their claims...more

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