News & Analysis as of

Breach of Warranty

Consequential Damage Disclaimers in Supply Agreements

by Foley & Lardner LLP on

This is the million (sometimes multimillion) dollar question. According to Black’s Law Dictionary, consequential damages are “losses that do not flow directly and immediately from an injurious act but that result indirectly...more

Third Circuit Ascertainability Requirement Puts The Squeeze On Orange Juice Purchasers

by Carlton Fields on

A New Jersey district court denied certification to a putative class of Tropicana orange juice purchasers from “Members Only” or “Loyalty Card” stores in California, New York, New Jersey, and Wisconsin. Plaintiffs alleged...more

M.D. Florida Shoots Down All Breast Implant Claims Except for Negligent Manufacturing Defect

by Reed Smith on

Last year’s list of the Ten Worst DDL cases was remarkable because all ten decisions came from appellate courts. Yikes. And it is not as if the bad appellate decisions were spread around. Two came from our home circuit,...more

Non-assignment clauses: what they do (and don’t) restrict

by Allen & Overy LLP on

A warranty in a receivables financing contract that BP was not prohibited from disposing of the receivable was not breached by a clause in the underlying oil sale contract prohibiting assignment without the other party’s...more

California Supreme Court Clarifies That “Right To Repair Act” Is Exclusive Remedy For Both Economic Loss And Property Damage...

by Pepper Hamilton LLP on

McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) - Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Attacking Nationwide Class Actions Based On Personal Jurisdiction

by Foley & Lardner LLP on

Earlier this month, Judge Leinenweber of the Northern District of Illinois rejected a named plaintiff’s attempt to bring a nationwide class action, basing his decision on the Supreme Court’s decision last June in...more

Builders' Right To Repair Pre-Litigation Affirmed as Exclusive Remedy By Supreme Court

by Selman Breitman LLP on

On January 18, 2018, the Supreme Court of California in McMillin Albany LLC et al., v. The Superior Court of Kern County (Supreme Court Case No. S229762, California Official Reports citation pending) unanimously held that the...more

Warranty claims: satisfying the contractual notice clause and interpreting a seller exclusion of liability

by Dentons on

Zayo Group International Ltd v. Ainger is the latest in a line of cases showing the need to comply strictly with the contractual requirements for notifying a warranty claim. The court also commented on the meaning of "to the...more

New Filings – January 10, 2018

by Perkins Coie on

Community Science Institute v. Target Corp, et al., No. RG18-887565 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant fails to warn consumers that its Up & Up Toddler Beginnings Infant Formula with...more

Extra Foam, Please: Common Sense Prevails and Court Finds that Starbucks Lattes Contain Foam

by Dorsey & Whitney LLP on

Yes, you read the title of this post correctly – Judge Rogers of the Northern District of California granted summary judgement in favor of Starbucks in a proposed class action lawsuit alleging that the coffee company deceived...more

Blog: High Court rules on the application of suspensive warranty provisions in insurance contracts

by Cooley LLP on

In Bluebon Limited (in liquidation) v (1) Ageas (UK) Limited (formerly Fortis Insurance Limited) (2) Aviva Insurance Limited (3) Towergate Underwriting Group Limited [2017] EWHC 3301 (Comm), Mr Justice Bryan held that an...more

Westport’s Novel Claims for PCB Remediation Costs End at First Circuit

by Beveridge & Diamond PC on

The Town of Westport cannot recover clean-up costs from manufacturers of PCBs used in caulk at the town’s middle school under a variety of common law and statutory theories, according to a ruling by the First Circuit in Town...more

Food & Beverage Litigation Update | December 2017

Subway Sweepstakes Ads Lacked Adequate Disclosures, CARU Finds - After reviewing an ad for Subway’s “Fresh Fit for Kid’s Meal” featuring premium toys and offering a sweepstakes for a tablet, the Children’s Advertising...more

Risk Mitigation Strategies for Food and Beverage Companies: Five Prophylactic Measures

by Dorsey & Whitney LLP on

Each year, food, beverage and agribusiness companies pay millions of dollars in settlements, penalties and judgments to consumers allegedly harmed through the sale, advertisement and manufacture of their products. The legal...more

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

by Shook, Hardy & Bacon L.L.P. on

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Rulings, Orders, Settlements – October 9, 2017

by Perkins Coie on

Court Denies Motion to Dismiss Class Action Involving Healthfulness of Extra Virgin Coconut Oil - Traction v. Viva Labs, Inc., No. 3:16-cv-02772 (S.D. Cal.): The Court issued an order denying Defendant’s motion to dismiss...more

New Filings – October 2, 2017

by Perkins Coie on

Kramarz v. JR Carlson Laboratories Inc., 2017-CH-12609 (Ill. Super. Ct. – Cook Cnty.): Putative class action raising claims for breach of express warranty and unjust enrichment, and alleging violations of various states’...more

Products Liability? Prove It

by Nexsen Pruet, PLLC on

Under South Carolina law, a products liability case may be founded in several theories, including warranty. Regardless of the chosen theory, however, a plaintiff must establish (1) he was injured by the product; (2) at the...more

Under Construction - September 2017

by Snell & Wilmer on

Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year. In this issue, we...more

Product Liability Update: August 2017

by Foley Hoag LLP on

United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum,...more

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

by Snell & Wilmer on

On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

UK Supreme Court upholds fitness for purpose warranty

by White & Case LLP on

Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose...more

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