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Manufacturers Motion to Dismiss

Seyfarth Shaw LLP

In Dismissing Claims Against OEM, Federal Court Quietly Rejects FTC Interpretation of Magnuson-Moss Warranty Act - Seyfarth's...

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A federal court in Wisconsin recently granted a motion to dismiss all claims in a putative multi-district class action against motorcycle manufacturer Harley-Davidson, asserting claims that the OEM’s warranty violated the...more

Foley & Lardner LLP

US District Court in Puerto Rico Rejects Distributor’s Efforts to Hold Wholesalers Liable for a Terminated Agreement Under Puerto...

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Share on Twitter Print Share by Email Share Back to top In Meta Med, LLC, et al., v. Insulet Corporation, et al., Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a medical...more

Foley & Lardner LLP

Distributor’s Claims Against Manufacturer Under Puerto Rican Law Are Denied

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Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a leading medical device manufacturer, to promote and sell diabetes treatment products and services in Puerto Rico. Shortly...more

Jones Day

Court of Chancery Grants Rare Motion to Dismiss Suit Governed by Entire Fairness Standard

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The electric vehicle company Canoo went public in a de-SPAC transaction in December 2020. After its stock price fell, a stockholder in the SPAC who chose not to redeem his stock sued the SPAC board and its controller for...more

Lathrop GPM

Massachusetts Federal Court Grants Manufacturer’s Motion to Dismiss Distributor’s Franchise Law Counterclaims

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A federal court in Massachusetts has dismissed franchise claims brought against a manufacturer, concluding that the distributor had failed to identify a franchise fee that would qualify it for protection from non-renewal...more

Goldberg Segalla

Boiler Manufacturer’s Motion to Dismiss Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages....more

Goldberg Segalla

Door Manufacturer’s Motion to Dismiss Denied

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Court: Supreme Court of New York, New York County In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did...more

Goldberg Segalla

Product Manufacturer and Supplier’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Court: Superior Court of California, County of Los Angeles - In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra...more

Kilpatrick

Eighth Circuit reverses dismissal of putative class claims on ground that puffery does not apply to allegations of concealment

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Takeaway: The Eastern District of Missouri granted General Motors’ motion to dismiss a putative class action alleging deceptive omission of oil consumption problems with certain GMC and Chevy trucks, agreeing that the...more

Goldberg Segalla

PPE Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Supreme Court of New York, Appellate Division, First Department, November 2, 2022 - In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent...more

Goldberg Segalla

First Department Reverses Denial of Valve Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department, June 7, 2022 - In this asbestos case, Crosby Valve LLC (“Crosby”) appealed a June 2021 decision from the New York Supreme Court, New York County, which...more

Goldberg Segalla

Court Grants Chemical Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds

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United States District Court for the Southern District of Florida - In this asbestos action, plaintiff John R. Andres passed away in April 2020, allegedly as a result of his diagnosis with mesothelioma. His son...more

Smith Gambrell Russell

The Georgia Supreme Court Addresses Product Liability and A User’s Intentional Misbehavior

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In Maynard v. Snapchat, Inc., Case No. S21G0555 (decided March 15, 2022), the Georgia Supreme Court examined whether an injured party could assert a product liability claim when the third-party user of the product had engaged...more

Seyfarth Shaw LLP

Computers on Wheels: Complaint Against Auto Manufacturer For Allegedly Botched Software Update Survives (For Now)

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A federal court in Georgia recently denied a motion to dismiss filed by an auto manufacturer seeking to avoid a putative class action lawsuit filed by an owner who claimed that an allegedly botched over-the-air (OTA) software...more

Foley & Lardner LLP

Court Sides with Drug Manufacturers in Ongoing 340B Litigation

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Over the last year, covered entities participating in the 340B Drug Pricing Program (340B Program) have anxiously monitored a flurry of litigation that could determine the scope of the 340B Program. The litigation and related...more

Proskauer - Advertising Law

The Parent Trap: Ninth Circuit Affirms Dismissal of Complaint Against Advertiser’s Subsidiary and Distributor

The Ninth Circuit recently upheld a decision granting a motion to dismiss a putative class action challenging the accuracy of “natural” labeling on soap products made by Grisi Mexico, where the lawsuit was filed against the...more

Lathrop GPM

The Franchise Memorandum - Issue # 260

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Product Manufacturer Wins Strategic Victory at the Eighth Circuit Court of Appeals

Plaintiff sued a wood chipper manufacturer alleging products liability and failure to warn claims under both strict liability and negligence. The manufacturer filed timely, strategic motions resulting in dismissal of the...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Foley & Lardner LLP

Divorce Tips: How to Avoid Getting Your New Channel Partners Sued

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Leaving behind an underperforming dealer or distributor relationship for a new one can be exciting for manufacturers and suppliers. It’s always a good feeling to get a part of the business turned around and headed in the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

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

Robins Kaplan LLP

Financial Daily Dose 9.4.2019 | Top Story: UK Parliament Rebels to Defy Prime Minister on Brexit

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One can prorogate all one wants, but raise the ire of British MPs, and a price will be paid, my friends. So goes the story for PM Boris Johnson, against whom British lawmakers “rose up” on Monday to “prevent him from taking...more

Morris James LLP

Delaware Superior Court’s Complex Commercial Litigation Division Declines to Dismiss Delaware Attorney General’s Claims Against...

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State of Delaware ex rel. Jennings v. Purdue Pharma L.P., et al., C.A. No. N18C-01-223 MMJ CCLD (Del. Super. Feb. 4, 2019). In January 2018, Delaware’s Attorney General filed an action against certain opioid makers and...more

Bass, Berry & Sims PLC

DOJ Moves to Dismiss 11 Patient Assistance Services FCA Cases

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In a remarkable move, the Department of Justice (DOJ) recently sought dismissal of 11 False Claims Act (FCA) cases, each of which assert that patient assistance services supplied by pharmaceutical manufacturers constitute...more

Perkins Coie

Belated Government Dismissal of False Claims Act Cases: DOJ Maneuvering in Post-Escobar and Granston Memo Era

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The solicitor general filed an amicus brief in the U.S. Supreme Court last month supporting the relators’ opposition to certiorari in Gilead Sciences, Inc. v. United States ex rel. Campie, et al., No. 17-936. Yet the...more

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