News & Analysis as of

Warranties

What's in Your Warranty? A Guide to Avoiding Warranty-Related Surprises

by Faegre Baker Daniels on

A warranty is meant to protect a purchaser from any faults or defects in goods or services purchased. But warranties are as different as the products and services that they protect. What’s more, because courts interpret...more

M&A Auction Process

by Ropes & Gray LLP on

Phil Sanderson, Ropes & Gray private equity transactions partner, discusses the M&A auction process in the UK. ________ Businesses in the UK are invariably bought and sold using an auction process, and so I am going to talk...more

Automobile Warranty Services Provider Loses On Motion To Dismiss Dealership’s Counterclaims And Request For Preliminary Injunction

by Carlton Fields on

In a dispute between providers of automobile warranty services (“Plaintiffs” or “American Guardian”) and a Florida car dealership (“Defendants” or “JCR”), an Illinois federal district court recently dealt two blows to the...more

Tennessee Business Court Provides Further Guidance on Jurisdictional Challenges

by Butler Snow LLP on

In a lengthy, but detailed, opinion, The Tennessee Business Court, now in Phase II of the Pilot Project, has provided substantial guidance to practitioners concerning objections to the subject matter jurisdiction of the Court...more

Advertising Law - May 2017 #4

NAD Watches Paint Dry, Sides With Advertiser - The Sherwin-Williams Co. does not need to change the name of its “CoverMaxx” spray paints, the National Advertising Division of the Better Business Bureau said after...more

Vast – Or at Least Half-Vast – Conspiracy Claim Dismissed

by Reed Smith on

Imagine a conspiracy so vast that it includes not only your usual plaintiff-side fantasy of the FDA conspiring with a drug company, but also high FDA officials, President Obama, Robert Mercer (noted Trump supporter and...more

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

by Polsinelli on

A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

The Risky Business of Warranties

by Farrell Fritz, P.C. on

Owners and contractors beware! The warranty you get may not be what you bargained for. Many construction contracts, including widely used industry form contracts, contain two distinct warranties, a general warranty and a...more

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

by Carlton Fields on

The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

by Ballard Spahr LLP on

Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

Facebook Defeats New Jersey TCCWNA Claim Based on its California Choice-of-Law Provision

by Locke Lord LLP on

Facebook, Inc. recently dodged a putative class action alleging that it violated New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”) when a California federal court dismissed a New Jersey resident’s...more

Top Legal Issues Facing the Automotive Industry in 2017

by Foley & Lardner LLP on

Foley’s Automotive Industry Team has prepared this report that examines what the litigation, enforcement, and regulatory landscape will look like in 2017. Inside, you will learn about: - Managing warranty, recall, and...more

New Jersey’s TCCWNA: New Year, Same Uncertainty

by Kelley Drye & Warren LLP on

In 2016, many retailers found themselves on the wrong end of class actions brought under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”). The suits allege that these retailers’ website terms of...more

Selling Your Business: Top 5 Critical Deal Points

by Gray Reed & McGraw on

This is the fifth installment of a series discussing potential pitfalls affecting the intended sale by JR and Sue Ellen Pawlenty of their business Pawlenty Energy. Recently Tilting the Scales highlighted Successfully Selling...more

An Overview of Representations and Warranties Insurance

by Mintz Levin on

The prospect of unknown business risks between buyers and sellers is often a major hurdle in mergers and acquisitions deal negotiations. Neither side wants to assume responsibility for issues such as financial statement...more

Kansas AG Settles With Auto Credit Company For Improperly Disclaiming Warranties

by Goodwin on

On August 19, 2016, the Kansas Attorney General announced a settlement with a Michigan-based auto credit company for “improperly disclaiming warranties in contracts with Kansas consumers in violation of the Kansas Consumer...more

Update: Regulations Implementing E-Warranty Law Now in Effect

New regulations governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty notification requirements. On...more

Two New Jersey District Courts Dismiss TCCWNA Cases On Spokeo Grounds and Address What It Means To Be An “Aggrieved Consumer”...

by Locke Lord LLP on

In recent months, federal and state courts in New Jersey have been faced with numerous motions to dismiss class action complaints alleging that online retailers’ website terms and conditions violate New Jersey’s...more

You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act

by Ifrah PLLC on

As Halloween has people thinking of ghosts and ghouls, creative plaintiffs’ attorneys have turned an arcane New Jersey law into a true source of fright for virtually anybody who offers services that are even potentially...more

No Harm, No Foul: Lack of Concrete Injury Dooms Two Separate Actions Based on the Truth in Consumer Contract Warranty and Notice...

by K&L Gates LLP on

Federal courts in New Jersey have begun to weigh on the application of the Truth in Consumer Contract Warranty and Notice Act (“TCCWNA”) in cases based on websites’ terms and conditions when the plaintiff has not alleged any...more

Current legal trends in private M&A

by Reed Smith on

At Reed Smith’s London Corporate Forum, which took place last week, Doug Rofé highlighted legal trends that we are currently seeing in the private M&A market. In this article, we summarise those top trends and discuss what is...more

Should You Litigate In Court or Arbitrate the Dispute?

by McNair Law Firm, P.A. on

Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

Could You Please Be Less Specific?: How Specificity in Advertising Could Result in a “Written Warranty”

by Varnum LLP on

Passed in 1975, the Magnuson-Moss Warranty Act ("MMWA") requires, among other things, manufacturers and sellers of consumer products to provide consumers with detailed warranty coverage information. Often, original equipment...more

Class Action Quarterly Update - Summer 2016

The summer of 2016 saw continued trends in class action filings. Telephone Consumer Protection Act (TCPA) cases continued to be rampant, with multiple cases being filed daily on a national scale. Most were generally directed...more

Another Setback For TCCWNA Plaintiffs: New Jersey Appellate Division Reigns In Interpretation of “Consumer” and “Consumer...

by Locke Lord LLP on

This past year, the plaintiffs’ bar has been aggressively pursuing class action claims under New Jersey’s Truth-in-Consumer Contract and Warranty Notification Act (“TCCWNA”), N.J.S.A. 56:12-14, et seq.—presumably because of...more

107 Results
|
View per page
Page: of 5
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.