News & Analysis as of

Warranties Class Action

Lathrop GPM

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

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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

A&O Shearman

Wisconsin District Court Dismisses Motorcycle Purchasers’ Tying Claims

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On June 5, 2024, Judge William Griesbach of the United States District Court for the Eastern District of Wisconsin dismissed an action brought by a class of Harley-Davidson purchasers alleging that the motorcycle manufacturer...more

Kilpatrick

Third Circuit affirms dismissal of class’s warranty claims challenging Whirlpool’s use of Energy Star logo

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The Third Circuit affirmed the dismissal of a consumer class action against Whirlpool Corp. and various retailers of Whirlpool’s washing machine products after determining that an energy efficiency logo on three of...more

McGuireWoods LLP

Manufacturers and Retailers Beware: New Warranty Class Actions

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During a span of less than two months, a group of Arkansas lawyers filed 22 class action suits in Lonoke County, Arkansas, alleging violations of the Magnuson-Moss Warranty Act. Here are five key items to know...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after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

Faegre Drinker Biddle & Reath LLP

A Warranty Claim by Any Other Name Remains a Warranty Claim – Illinois Federal Court Dismisses Claims Against Aloe Vera Retailer

An Illinois federal court recently reinforced the distinction between a properly plead consumer fraud claim and an express warranty claim merely masquerading as a consumer fraud claim, while granting a defendant’s motion to...more

Bennett Jones LLP

Quebec Government Launches Public Consultations on Consumer Protection

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Proposed changes to Quebec's Consumer Protection Act will be of interest to class action lawyers, as they would impose additional duties and obligations on suppliers and manufacturers of consumer goods....more

Proskauer - Advertising Law

State of Nature: District Courts Diverge in Treatment of “Natural” False Advertising Claims

Two recent contrasting decisions in class action false advertising cases alleging misleading uses of the term “natural” for food products underscore the difficulty in predicting the likelihood of achieving an early stage...more

Holland & Knight LLP

New Jersey Supreme Court Favors Retailers in Landmark Ruling Limiting TCCWNA Claims

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• In what has been described as a landmark ruling on behalf of both national retailers and consumers alike, the New Jersey Supreme Court has established critical law to limit exposure to purported class action claims...more

Blank Rome LLP

New Jersey Supreme Court Clarifies Scope of TCCWNA

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Agency regulations provide a “clearly established legal right” under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), but a consumer must suffer an adverse consequence from the regulatory violation...more

Kelley Drye & Warren LLP

NJ Supreme Court Disapproves Class Certification In Landmark TCCWNA Case

Today, the New Jersey Supreme Court drove a stake into the many class actions alleging claims under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”). That law provides for $100 in damages whenever...more

Manatt, Phelps & Phillips, LLP

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

Polsinelli

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

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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

Carlton Fields

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

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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

Ballard Spahr LLP

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

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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

Kelley Drye & Warren LLP

New Jersey’s TCCWNA: New Year, Same Uncertainty

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

Locke Lord LLP

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

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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

Orrick, Herrington & Sutcliffe LLP

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

Perkins Coie

NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?

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This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including...more

Morrison & Foerster LLP - Social Media

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post....more

BCLP

The Hidden Danger for Retailers Doing Business in New Jersey

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Have You Heard About New Jersey’s Truth in Consumer Contract, Warranty and Notice Act? New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), is the basis for a recent flurry...more

Carlton Fields

California District Court Refuses To Certify 33-Jurisdiction Class Due To Material Variations in State Warranty Law

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The U.S. District Court for the Eastern District of California certified a California-only subclass of purchasers of allegedly mislabeled KitchenAid refrigerators but denied plaintiffs’ motion to certify a 32-state and...more

Bennett Jones LLP

Arora v. Whirlpool: The Case of Smelly Washing Machines

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Smelly washing machines were at the center of a recent decision of the Ontario Court of Appeal. In Arora v. Whirlpool Canada LP, the plaintiffs all bought Whirlpool front-loading washing machines. The early models of these...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 30 & September 6, 2013

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I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI - Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more

Ballard Spahr LLP

Third Circuit Vacates Class Certification, Reaffirms Plaintiff’s Burden To Prove Readily Ascertainable Class

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A recent decision by the U.S. Court of Appeals for the Third Circuit reaffirmed the importance of requiring a plaintiff in a class action to show there is a reliable and administratively feasible method for ascertaining who...more

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