15 results for 'cat:"Consumer Law" AND cat:"Warranty"'.
J. Drozd denies, in part, Ford’s motion to dismiss class warranty claims arising from a defect in certain EcoBoost engines. They have sufficiently pleaded certain express warranty and implied warranty claims, and claims under the Consumer Legal Remedies Act and California Unfair Competition Law, among others.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 29, 2024, Case #: 2:20cv1796, NOS: Contract Product Liability - Contract, Categories: consumer Law, warranty, Class Action
J. Buchanan finds that the trial court properly denied a car manufacturer's motion to compel arbitration of a car buyer's lemon law claim. The manufacturer was not a party to the sales contract between the dealer and buyer containing the arbitration clause, so it cannot compel arbitration on the basis of collateral estoppel. And the dealership's provision of the manufacturer's warranty as part of the sale did not automatically incorporate the warranty into the sales contract between the dealer and buyer. Affirmed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: March 15, 2024, Case #: D083006, Categories: Arbitration, consumer Law, warranty
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Per curiam, the Vermont Supreme Court finds the trial court properly granted a dealership summary judgment in this negligent misrepresentation and Vermont Consumer Protection Act lawsuit brought by a consumer alleging breach of warranty. The consumer failed to prove the dealership was personally involved in any fraudulent acts.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-142, Categories: consumer Law, warranty
J. Tigar allows some claims to continue against Gilead in an ongoing dispute over the company's drugs that contain tenofovir disoproxil fumarate, or TDF, that allegedly causes severe kidney and bone damage. Roughly 75 cases and 3,000 plaintiffs from across the country have been consolidated into this case, and while Gilead prevails on some labeling and fraud claims, the drug maker has failed to show that a jury could not potentially find that its TDF drugs were defectively designed.
Court: USDC Northern District of California, Judge: Tigar, Filed On: September 28, 2023, Case #: 4:18cv6972, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: consumer Law, Product Liability, warranty
J. Fitzgerald grants the consumer $43,700 in attorney fees and $19,600 in reasonable costs for his successful claim alleging that Ford Motor breached a warranty in relation to the consumer's 2017 Ford Escape. The consumer's counsel has enough experience and the going rates are similar to attorneys in the relevant community to make the rates reasonable, but the consumer will not receive his requested $69,900 in attorney fees because eight hours that counsel included in the billing are excessive.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: July 18, 2023, Case #: 2:22cv174, NOS: Other Contract - Contract, Categories: consumer Law, warranty, Attorney Fees
J. Navarro finds that the trial court must revisit issues of material fact about whether a warranty of title applied to a car sold by a pawn broker that later turned out to be stolen. The sold "as is" language in the bill of sale did not exclude the warranty of sale required by statute. The pawn broker did not add specific language warning that the buyer was assuming all risks that the seller may not own the car it was selling, but ambiguity about how much the buyer knew about the title should have precluded summary judgment. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Navarro, Filed On: June 22, 2023, Case #: 22CA0916, Categories: Insurance, consumer Law, warranty