19 results for 'cat:"Fraud" AND cat:"Warranty"'.
J. Osteen partially denies a fire extinguisher company’s motion to dismiss a second amended class action complaint alleging a slew of allegations after many extinguishers failed to work properly. Almost all of the class’s claims allege violations of California and Florida state laws, and include unfair trade practices, fraud and breach of warranty. Most of the claims are barred by other state law regulations. However, several survive, including fraudulent inducement and implied warranty violations because the company concealed its knowledge of extinguisher malfunctions for 12 years before they were recalled in 2017.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:21cv839, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Trade, warranty
J. Simmons partly grants the consumers' motion for class certification concerning consumer protection and warranty claims against a supplement company and its "natural remedies" Sambucol product, which allegedly includes "unreported dietary" ingredients that may be illegal. While California and Missouri subclasses are certified, certification for the proposed nationwide classes is denied.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:21cv137, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, warranty, Class Action
J. Ludwig dismisses the amended complaint in the consumer's class action alleging Schwans sold frozen pies it falsely advertised as containing real butter. In part because the consumer has failed to allege particular, reasonably misleading actions by Schwans as pertains to the butter content advertised on the pies' packaging, her common-law fraud, breach of warranty and deceptive trade practices claims fail.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 14, 2024, Case #: 2:23cv147, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, warranty
J. Logue finds the trial court properly denied the European citizens' motion to dismiss for lack of jurisdiction a lawsuit from a luxury goods retailer claiming its predecessor in interest ordered brand-name handbags from the company the citizens work for, but they instead received counterfeit products. Although the citizens respectively reside in Europe and Dubai, the retailer's complaint has done enough to allege their business connections and tortious conduct in the state of Florida for the lawsuit to proceed. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: March 6, 2024, Case #: 22-1580, Categories: fraud, Due Process, warranty
J. Hittner grants a boat seller's motion for summary judgment in a dispute arising from the purchase of a boat that subsequently had fuel system issues. The buyer's contract, negligent misrepresentation, fraud and breach of warranty claims fail, as the parties' sales agreement was unambiguously as-is and there is no evidence the seller made a representation of the boat's fuel tank.
Court: USDC Southern District of Texas, Judge: Hittner, Filed On: February 29, 2024, Case #: 4:22cv4510, NOS: Contract Product Liability - Contract, Categories: fraud, warranty, Contract
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J. Aenlle-Rocha partially grants the consumer's motion for attorney fees after she settled her warranty and fraud claims against Ford Motor regarding her purchase of a used 2017 Ford F-150 Raptor vehicle. The consumer seeks $83,100 in attorney fees but the submitted hourly rates do not match the rates in similar cases and some travel entries are not justified, so the consumer receives $61,400 in attorney fees.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: January 31, 2024, Case #: 2:21cv8867, NOS: Other Contract - Contract, Categories: fraud, warranty, Attorney Fees
J. Drozd denies, in part, FedEx’s motion to dismiss a fleet van dealer’s odometer fraud and other claims related to FedEx’s alleged sale of almost 100 vans with double or triple the advertised mileage. The dealer has sufficiently alleged its claims for odometer fraud, intentional misrepresentation, negligent misrepresentation, breach of implied warranty of merchantability and others.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: January 18, 2024, Case #: 2:17cv1732, NOS: Other Contract - Contract, Categories: fraud, Vehicle, warranty
J. Kearse finds that the district court properly dismissed negligent misrepresentation and warranty claims brought against two art dealers concerning a Mark Rothko forgery because the claims accrued before or on the date of purchase. Thus, the claims were untimely since New York law does not offer extensions for reasonably discoverable claims. However, the buyer's fraud claims were not time-barred, and thus his request to amend was improperly deemed futile. Affirmed in part.
Court: 2nd Circuit, Judge: Kearse, Filed On: December 21, 2023, Case #: 21-2221, Categories: Civil Procedure, fraud, warranty
J. Fitzgerald denies in part Porsche's motion to dismiss a consumer's Song-Beverly Consumer Warranty Act claims. The consumer alleges that in the 2021 Taycan he leased, Apple CarPlay does not work consistently, the heat does not work, and the SmartLift system does not consistently work, resulting in the car scraping the ground. The consumer sufficiently pleaded that the car has a defect, that he repeatedly sought repairs and that he has statutory standing to bring his claims.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: December 19, 2023, Case #: 2:23cv6465, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Vehicle, warranty
J. Kronstadt grants Mars' motion for reconsideration of a prior order and thus dismisses with prejudice the consumer's class action that Mars engaged in deceptive and false advertising of its ALTOIDS Cinnamon Mints by featuring images of cinnamon sticks and the word "CINNAMON" even though the product does not contain cinnamon. The consumer does not prove his warranty claim because the front label of the product uses the phrase "Artificially Flavored" in a smaller font next to the image of the cinnamon sticks, which lessens the chance that a consumer would genuinely believe that the product contained authentic cinnamon.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: November 9, 2023, Case #: 2:22cv5617, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, warranty, Class Action
J. Mannion allows plaintiffs to continue contract claims against Kia, which, along with Nissan and Hyundai, is accused of failing to provide services purchased under now-defunct dealers' "set for life program" because plaintiffs established Kia was aware of and approved ad campaigns promising to cover all routine maintenance for one lump sum, including oil changes and tune ups, and thus may have a duty to honor the contracts. However, fraud and unfair business practices claims should be dismissed as duplicative.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: September 29, 2023, Case #: 3:20cv1838, NOS: Other Contract - Contract, Categories: fraud, warranty, Contract
J. Calabrese denies, in part, the paint supplier's motion to dismiss, ruling its executive's statement about tweaks made to a UV-resistant cabinet paint is sufficient to form the basis of a fraudulent inducement claim because the executive made certain performance guarantees about the product, which was purchased by the cabinet company less than a month after the parties' meeting.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 27, 2023, Case #: 1:22cv737, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, warranty
J. Alonso partially grants a tampon manufacturer's motion to dismiss a consumer class action that claims the company's Tampax product falsely asserts that its components are made from cotton and that it uses plant-based applicators instead of oil-based plastic applicators. The class has sufficiently alleged its deceptive practices, unfair practices and warranty claims, but not its negligent misrepresentation, unjust enrichment, or common-law fraud claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: September 11, 2023, Case #: 1:22cv5036 , NOS: Other Fraud - Torts - Personal Property, Categories: fraud, warranty, Class Action
J. Vazquez partially grants the automakers' motion to dismiss the consumers' putative class action suit alleging that the automakers knowingly sold cars with likely-to-fail turbocharging systems without disclosing them. The consumers' fraud claims are dismissed, since the consumers have not pleaded sufficient facts to reasonably infer that the automakers had knowledge of the defect before the sales of the cars, and their express warranty claim fails for much the same reason. A negligent misrepresentation claim survives, since it is neither time-barred nor clearly barred by the economic loss doctrine.
Court: USDC New Jersey, Judge: Vazquez, Filed On: August 28, 2023, Case #: 2:22cv4163, NOS: Other Contract - Contract, Categories: fraud, warranty, Class Action