9 results for 'cat:"Jurisdiction" AND cat:"Warranty"'.
J. Volk grants the motions of the recreational vehicle manufacturer and the retail outlet to dismiss the customer's breach of warranty suit claiming the outlet sold him a defective 2022 Cardinal 390 FBX 5th Wheel Camper, with both refusing to cancel his retail installment contract and purchase agreement or refund his money when multiple attempts to repair the RV were unsuccessful. Since the forum-selection clauses the customer signed "are mandatory and thus presumptively enforceable" in either Indiana or Texas, the court grants the motions without prejudice under the doctrine of forum non conveniens.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: March 13, 2024, Case #: 5:23cv535, NOS: Other Contract - Contract, Categories: jurisdiction, warranty, Contract
J. Whelan denies the consumer's motion to remand his warranty complaint alleging that his 2020 Chevrolet Bolt had defects that GM was unable to fix. GM provides evidence that the vehicle is worth $38,000. Because attorney fees in a case such as this are likely to be around $50,000, the total actual damages at issue meet the $75,000 threshold for federal jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 29, 2023, Case #: 3:23cv1556, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, jurisdiction, warranty
J. Whelan denies a consumer's motion to remand warranty claims against General Motors. The consumer's complaint "goes beyond merely requesting the Song-Beverly Act's civil penalties" and instead "makes numerous allegations of willful misconduct." If these allegations are proven true, the civil penalty award could total as high as $28,000. This amount combined with the actual damages and potential attorney fees at issue would more than exceed the $75,000 threshold for jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 28, 2023, Case #: 3:23cv1554, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: jurisdiction, warranty
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J. Tydingco-Gatewood partially grants summary judgment to a water meter company accused by the Guam Waterworks Authority of selling defective water meters used to replace failing ones already in use by the authority. The statute of limitations applies for a deceptive statements claim as tolling began as soon as the defective meters were discovered in 2014, well outside of the limitation deadline. The disclaimer on the warranty for the meters was also conspicuous and presented in good faith. Summary judgment for damages for other contract and warranty claims is granted, as no evidence shows the meter company delayed shipments on replacement meters to the point of extreme revenue loss for the authority.
Court: USDC Guam, Judge: Tydingco-Gatewood, Filed On: June 16, 2023, Case #: 1:20cv32, NOS: Other Contract - Contract, Categories: jurisdiction, warranty, Contract
J. Doughty denies a request by the Texas-based manufacturer of a recreational vehicle to dismiss or transfer on jurisdictional grounds, claims by two Louisiana residents who allege their RV is defective. The RV malfunctioned in Louisiana, and the manufacturer directed the litigants to an authorized repair center in Louisiana which began the repair process and documented the repairs required by the manufacturer. The unhappy customers have also shown that their legal claims result from their Louisiana contacts. Because the litigants’ claims are related to the RV-maker’s activities in Louisiana, it is not unreasonable to subject the manufacturer to suit in a Louisiana court. The ruling is based on a magistrate judge's report.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: June 16, 2023, Case #: 1:22cv138, NOS: Other Contract - Contract, Categories: Vehicle, jurisdiction, warranty
J. Moorer remands a couple's negligence and warranty case against a timber company and others to state court. The company's removal of the action was untimely, as it was clear from the initial complaint the amount in controversy exceeded $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: May 23, 2023, Case #: 1:22cv516, NOS: Tort Product Liability - Real Property, Categories: Negligence, jurisdiction, warranty