66 results for 'nos:"Contract Product Liability - Contract"'.
J. Guzman denies, in part, several companies' motions to dismiss claims filed against them through a class action for allegedly contaminating groundwater wells with chemicals. The residents sufficiently allege three of the companies submitted false environmental compliance certifications and did so knowingly, as a way to save money.
Court: USDC Massachusetts, Judge: Guzman, Filed On: December 21, 2023, Case #: 4:22cv40089, NOS: Contract Product Liability - Contract, Categories: Environment, Water, Class Action
J. Shubb denies, in part, Subaru’s motion to dismiss an automotive group’s claims arising from a dispute regarding the construction of a dealership. The group has sufficiently pleaded its contract claim related to Subaru's call on a letter of credit.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: December 15, 2023, Case #: 2:22cv997, NOS: Contract Product Liability - Contract, Categories: Construction, Vehicle, Contract
J. Rowland grants Mercedes-Benz’s motion to compel arbitration in a class action suit over its onboard navigation service, for which the suing class claim to have never fully agreed to use. The court finds that, per a user license agreement, the parties are contractually bound to arbitrate the dispute.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: December 11, 2023, Case #: 1:22cv6099, NOS: Contract Product Liability - Contract, Categories: Arbitration, Product Liability, Contract
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J. Sammartino dismisses in part the consumer's complaint alleging that the food manufacturer falsely advertised that its product contains a natural form of malic acid even though the label lists a form of DL malic acid that is an ingredient derived from "petrochemicals." The consumer's claims for equitable relief are dismissed because he has not pleaded that he lacks an adequate remedy at law. However, it is plausible to infer based on the consumer's complaint that all flavors of the company's product contain artificial DL malic acid, so the claims will not be dismissed on these grounds.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 8, 2023, Case #: 3:23cv220, NOS: Contract Product Liability - Contract, Categories: Product Liability, Class Action, False Advertising
J. Eagan denies the plaintiff company's motion for reconsideration of a partial summary judgment in this case "concerning the design, manufacture, and distribution of a part for the AR-15 rifle known as the lower receiver." The plaintiff company seeks reconsideration of a ruling that the designs of certain receivers were not trade secrets. However, the court concludes that there is no basis for reconsidering its prior ruling.
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: October 24, 2023, Case #: 4:20cv341, NOS: Contract Product Liability - Contract, Categories: Civil Procedure, Trade Secrets
J. Winmill grants a medical equipment manufacturer's motion to dismiss a hospital's allegations that a machine that detects prostate cancer malfunctioned, giving incorrect results for some patients. The hospital seeks to recoup medical expenses it paid for patients whose results were incorrect. The hospital has not shown the existence of any contract terms beyond the agreement to purchase the machine or shown how the company breached the contract. The hospital has not provided facts to allege whether the machine malfunctioned or was defectively installed. The hospital is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: October 4, 2023, Case #: 3:22cv382, NOS: Contract Product Liability - Contract, Categories: Negligence, Product Liability, Contract
J. Fleming denies the car owners' motion for class certification, ruling typicality requirements are not met by the claims of those who bought allegedly defective vehicles because numerous individuals in the prospective class could have purchased cars after the expiration of their warranties, when the defective engines would not have been covered by General Motors.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 11, 2023, Case #: 1:20cv2638, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Class Action
[Consolidated.] J. Cronan partially grants both parties' discovery motions in a dispute between a mining company and its supplier over three contracts to purchase industrial filter presses used to process refinery waste. The miner's expert may testify that bauxite residue in the filters may have caused longer cycle times, but not that this was the only reason for slower-than-expected cycle times. However, the supplier is entitles to dismissal of claims for negligent misrepresentation and unjust enrichment.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 11, 2023, Case #: 1:20cv4136, NOS: Contract Product Liability - Contract, Categories: Product Liability, Discovery, Contract
J. Watson grants, in part, the HVAC system manufacturers' motion for summary judgment, ruling the lack of evidence of a warranty requires dismissal of that claim, while the negligence claims related to production and installation of the defective system are abrogated by the product liability claims because they are based on the same set of allegations. Meanwhile, the maker of the capacitor is entitled to judgment on all claims against it under the component parts doctrine because there is no allegation the capacitor was defective or that the maker had any role in its installation in the defective system.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: September 6, 2023, Case #: 2:20cv4880, NOS: Contract Product Liability - Contract, Categories: Negligence, Product Liability
J. Trauger partially grants Nissan's motion to dismiss this amended class action concerning the transmission found in certain vehicles. The breach of express warranty claim will be dismissed as to one of the named plaintiffs, who fails to show that an extended warranty that he purchased "actually imposed any obligation on Nissan." The customers' unjust enrichment claim will also be dismissed, as there is no basis for it "to proceed as an alternative theory of liability."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 22, 2023, Case #: 3:22cv769, NOS: Contract Product Liability - Contract, Categories: Product Liability, Class Action
J. Anello rules a class of consumers may pursue fraud claims against a nutrition company that sells a dietary supplement called Keto K1000 powder. The consumer sufficiently alleges that the nutrition company mislabeled its products as containing "nothing artificial," when they actually contain DL malic acid, a synthetic substance derived from petrochemicals, and that he would not have purchased the product had he known the truth.
Court: USDC Southern District of California, Judge: Anello, Filed On: July 7, 2023, Case #: 3:23cv216, NOS: Contract Product Liability - Contract, Categories: Consumer Law, Product Liability, False Advertising