6 results for 'cat:"Product Liability" AND cat:"Warranty" AND cat:"Class Action"'.
J. Thrash partially grants the manufacturer's motion to dismiss a product liability, warranty and fraud class action brought by the consumers arising from a defect in panoramic sunroofs in Mercedes-Benz vehicles which allegedly caused the sunroofs to suddenly shatter under normal driving conditions. The consumers claim that the manufacturer refused to cover repairs. Two of the consumers failed to notify the manufacturer of the defect before the action, therefore their express warranty claims are dismissed. One consumer's implied warranty claim is dismissed for failure to comply with the notice requirement. However, the class sufficiently alleged that the vehicles are unmerchantable. None of the consumers' state law claims are dismissed.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 30, 2024, Case #: 1:23cv671, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: product Liability, warranty, class Action
J. Wright partially grants the company's motion to dismiss a nationwide class action brought by the homeowners arising from damages to their property allegedly caused by defective Power Grout and Hardener products. The motion is granted with respect to the homeowners' claims under the Magnuson-Moss Warranty Act and Minnesota statutes, as well as the negligent misrepresentation, unjust enrichment and product liability claims. The homeowners failed to show that the Minnesota legislature intended for the statutes to apply extraterritorially. The homeowners failed to allege sufficient facts showing that damage occurred to their homes and property value to surmount the economic-loss doctrine.
Court: USDC Minnesota, Judge: Wright, Filed On: September 26, 2023, Case #: 0:22cv2173, NOS: Other Fraud - Torts - Personal Property, Categories: product Liability, warranty, class Action
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
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J. DuBose grants in part two manufacturers’ motion for summary judgment on property owners’ negligence, warranty and other class claims related to allegedly defective Chinese-manufactured drywall. “Plaintiffs’ damages are limited to the diminution in value of their property, but costs of remediation are admissible to show such.”
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 7, 2023, Case #: 1:21cv447, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: product Liability, warranty, class Action