On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more
6/20/2022
/ Appeals ,
Apple ,
California ,
Class Action ,
En Banc Review ,
Liability ,
Manufacturers ,
Product Defects ,
Reversal ,
State and Local Government ,
Warranties
Just a decade ago, it was still an open question whether parties could challenge the admissibility of expert testimony in class certification proceedings. The United States Supreme Court recognized the issue in Wal-Mart...more
We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more
3/24/2022
/ Appeals ,
Burden of Proof ,
CA Supreme Court ,
Class Action ,
Consumer Fraud ,
Depositions ,
Discovery ,
Evidence Codes ,
Motor Vehicles ,
Product Defects ,
Statutory Interpretation ,
Testimony ,
Witnesses
The California Supreme Court will soon decide an evidentiary issue that could significantly impact how company witnesses are defended at deposition.
The Court heard argument December 7 in Berroteran v. Ford Motor Co., No....more
A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more
1/27/2020
/ Breach of Warranty ,
Class Action ,
Component Parts Doctrine ,
Consumer Fraud ,
Dismissals ,
Failure To State A Claim ,
Failure To Warn ,
Federal Rules of Civil Procedure ,
Honeywell International ,
Negligence ,
Pleading Standards ,
Product Defects ,
Strict Liability ,
Unfair Competition Law (UCL) ,
Warranty Insurance
The Ninth Circuit’s recent en banc decision in In re Hyundai and Kia Fuel Economy Litigation, — F.3d —, 2019 WL 2376831 (9th Cir. Jun. 6, 2019), restored some much-needed balance to the class action universe. The court...more
7/12/2019
/ Appeals ,
Choice-of-Law ,
Class Action ,
Class Certification ,
En Banc Review ,
False Advertising ,
Fraudulent Marketing ,
FRCP 23(b)(3) ,
Fuel Standards ,
Hyundai ,
Kia ,
Motor Vehicles ,
Multidistrict Litigation ,
Predominance Requirement ,
Settlement Agreements ,
Vacated