60 results for 'cat:"Warranty" AND cat:"Contract"'.
J. Bashant finds in favor of BMW on the driver's warranty claims related to the used BMW she purchased from a used car dealership not affiliated with BMW. A used vehicle sold with a remaining balance on the original manufacturer's warranty is not a new vehicle under the Song-Beverly Consumer Warranty Act. Because all of the driver's claims rely on her vehicle being a new vehicle, they are legally foreclosed.
Court: USDC Southern District of California, Judge: Bashant, Filed On: April 30, 2024, Case #: 3:22cv1749, NOS: Other Contract - Contract, Categories: warranty, contract
J. Novak denies Mercedes' motion to dismiss breach of warranty claims. A consumer purchased a van that, despite seven visits to three agents of the manufacturer, still does not function properly. The manufacturer wrongly claims the van doesn't fall under the federal warranty law because it is a commercial vehicle, but the consumer uses it as his personal vehicle.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 18, 2024, Case #: 3:23cv755, NOS: Other Contract - Contract, Categories: Vehicle, warranty, contract
J. Fitzgerald finds in favor of Mercedes-Benz USA against the consumer's complaint that it sold a defective used 2017 Mercedes-Benz C300 but did not honor its new vehicle limited warranty, which extends “to the original and each subsequent owner of a new Mercedes- Benz vehicle that any authorized Mercedes-Benz Center will make any repairs or replacements necessary to correct defects in material or workmanship, but not design, arising during the warranty period.” Part of the warranty does not apply because the consumer bought the vehicle from CarMax, not Mercedes-Benz, and the other obligations do not apply because Mercedes-Benz did not breach the warranty when it provided free repairs to address the malfunctioning ECO start/stop feature during the warranty period.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: April 9, 2024, Case #: 2:23cv3049, NOS: Other Contract - Contract, Categories: Vehicle, warranty, contract
J. Jenkins partially grants the defendant isobutane manufacturer’s motion to dismiss a pharmaceutical company’s breach of contract, breach of warranty, negligence and product liability claims. The isobutane manufacturer produces a component used in the pharma company’s antifungal spray, and now the pharma company accuses the manufacturer of contaminating that component with benzene. The court allows most of the pharma company’s claims to stand but dismisses its negligence and strict liability claims, finding they are barred by the economic loss doctrine.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: March 24, 2024, Case #: 1:23cv4391, NOS: Contract Product Liability - Contract, Categories: Product Liability, warranty, contract
J. Graham finds the circuit court improperly denied the water distribution business' motion for judgment on the pleadings in the bottle water supplier's lawsuit alleging false representations and warranties about assets the supplier purchased from the business, including delivery trucks that were not road-worthy, non-functioning water coolers and a candy business that was no longer operational. The parties' asset purchase agreement has a survival clause with a one-year statute of limitations that blocks the supplier's breach of contract and breach of warranty claims, and the supplier's tortious misrepresentation claims are barred by Wisconsin's economic loss doctrine. The case is remanded for the circuit court to dismiss the supplier's complaint. Reversed.
Court: Wisconsin Court of Appeals, Judge: Graham, Filed On: March 21, 2024, Case #: 2023AP000778, Categories: warranty, contract
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J. Wyrick grants two of the three dismissal motions in this lawsuit concerning "seven construction vehicles that did more idling than constructing." The purchaser of the vehicles asserts claims for negligence and breach of contract based on an alleged delay in their repairs. However, the complaint fails to establish the court's jurisdiction over one of the defendant companies, and it fails to plausibly state a claim against another.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 19, 2024, Case #: 5:23cv159, NOS: Other Contract - Contract, Categories: warranty, contract
J. Chambers grants the recreational vehicle manufacturer's motion to dismiss the customer's breach of warranty suit claiming a 2022 Forest River Sandpiper he purchased from a dealer in Ashland, Kentucky, was defective and that multiple attempts to repair the RV were unsuccessful. The court finds the customer signed the warranty registration when he purchased the RV which contained the "magic words" in the forum selection clause that any action must be filed in Indiana. The court stays enforcement of its order to allow the customer to file a motion to transfer.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: March 15, 2024, Case #: 3:23cv570, NOS: Other Contract - Contract, Categories: Business Practices, warranty, contract
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. Najam finds that the trial court properly ruled in contract claims concerning a warranty for HVAC equipment because the property owner failed to timely file his claim and failed to prove the existence of an oral warranty. Affirmed.
Court: Indiana Court Of Appeals, Judge: Najam, Filed On: March 4, 2024, Case #: 23A-SC-1324, Categories: warranty, contract
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
J. Daniel grants a metal packaging company’s motion for judgment on its contract pleadings against a brewery. The court also partially grants the packaging company’s motion to dismiss the brewery’s counterclaims and fully grants its motion to strike the brewery’s affirmative defenses. This case stems from a contract between the parties wherein the brewery agreed to purchase beer cans from the packaging company, and the packaging company subsequently claimed the brewery did not meet its purchasing agreement under that contract. The brewery countersued, but the court found it hadn’t sufficiently alleged its breach of warranty or negligent misrepresentation counterclaims. The brewery’s counterclaims for breach of good faith dealing still stand.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: February 26, 2024, Case #: 122cv7367, NOS: Other Contract - Contract, Categories: Business Practices, warranty, contract
J. Horan denies a roofing company's motion for summary judgment on a property owner's warranty-related claims. The property owner has validly assigned the previous property owner's claims and, thus, has standing to file the action.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: February 16, 2024, Case #: 3:21cv2607, NOS: Other Contract - Contract, Categories: Property, warranty, contract
J. Stadtmueller partially grants summary judgment to the trucking company in a lawsuit involving a disputed warranty claim from an insurance company on behalf of an insured whose driver was driving a truck manufactured and serviced by the company when he crashed into a highway median, which he and the company claim was caused by the truck's defective power steering. The insurance company's claim of breach of implied warranties fails and is dismissed with prejudice, in part because the disclaimer language regarding implied warranties in the relevant warranty agreement is conspicuous enough, though it is "a close case." The insurance company's breach of express warranty claim survives and will move forward to trial for a jury to decide whether the crash was caused by defective power steering or the driver's own fault.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 12, 2024, Case #: 2:23cv219, NOS: Contract Product Liability - Contract, Categories: Product Liability, warranty, contract
J. Brennan denies the automotive clutch manufacturer's motion for summary judgment, ruling the issue of notice provided to the part manufacturer cannot be determined by the court because of numerous issues of fact, including when the clutch manufacturer made the part maker aware of defects and whether the defects were the result of a design or manufacturing problem.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: January 30, 2024, Case #: 1:20cv893, NOS: Other Contract - Contract, Categories: warranty, contract
J. Tostrud grants the bus sellers' motion to compel arbitration of the buyer's claims, which stem from the sellers' alleged failure to disclose the sold bus's salvaged status. While the relationship between the sellers, or indeed whether there is any distinction between them, is unclear, they did not substantially invoke litigation machinery and therefore have not waived their right to compel arbitration under the parties' contract.
Court: USDC Minnesota, Judge: Tostrud, Filed On: January 29, 2024, Case #: 0:23cv748, NOS: Other Fraud - Torts - Personal Property, Categories: warranty, contract
J. Coughenour denies the technology company summary judgment for its warranty claim in its lawsuit alleging that the trading company produced and sold chicken with bones instead of the agreed-upon boneless chicken, putting customer safety at risk. The technology company and the trading company offer conflicting evidence on whether the product qualifies as "breast trim," and a reasonable jury could believe either argument.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 29, 2024, Case #: 2:22cv296, NOS: Contract Product Liability - Contract, Categories: Product Liability, warranty, contract
J. Cradle finds the chemical plant buyer's failure to provide specific evidence about the installation dates for several fire protection systems at the plant precluded the trial court from holding the seller liable for any required updates, as it precluded a determination as to which Arkansas fire code applied to the systems. Additionally, the buyer failed to provide evidence regarding whether replacement refrigerant systems met applicable safety guidelines, which precluded the court from requiring reimbursement for the replacement of the original systems, which were out of code at the time of their installation. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: January 19, 2024, Case #: AC45707, Categories: warranty, contract
J. Holcomb finds in favor of Mercedes-Benz USA against the customer’s complaint accusing the company of refusing to repair or replace a defective 2021 Mercedes-Benz GLA250W. The customer leased the defective vehicle from Mercedes-Benz of Ontario, an MBUSA-affiliated dealership, but MBUSA was not implicated in the customer’s lease and it did not provide a new warranty for the vehicle, meaning it is not liable for any defects.
Court: USDC Central District of California, Judge: Holcomb, Filed On: January 8, 2024, Case #: 5:21cv1914, NOS: Other Contract - Contract, Categories: Vehicle, warranty, contract
J. Bucklo grants the sued industrial equipment manufacturer’s motion for summary judgment on the suing auto part manufacturer’s warranty claim against it, and also grants its motions to exclude expert testimony and to strike an affidavit from the auto part manufacturer’s CEO. The auto part manufacturer claims it bought machinery from the defendant meant to automate cutting sheet metal, but that the equipment proved faulty and failed after its manufacturer ignored the issues for over a year and a half. However, the court finds that the plaintiff’s warranty claim is insufficient as it “offered no admissible evidence to establish its damages.”
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: January 5, 2024, Case #: 1:21cv1996, NOS: Other Contract - Contract, Categories: Business Practices, warranty, contract
J. Staton partially grants the consumer's motion for attorney fees following a settlement for her complaint accusing Mercedes-Benz of selling her an irreparably defective 2019 Mercedes-Benz GLC350E4, which had problems with the air conditioning system. The consumer's counsel receives a reduced hourly rate of $515 because his requested rate of $650 is higher than the average. The requested fees are also reduced due several excessive or duplicative time entries and block-billing, leaving the total award at $13,816.
Court: USDC Central District of California, Judge: Staton, Filed On: December 6, 2023, Case #: 2:22cv6032, NOS: Other Contract - Contract, Categories: warranty, Attorney Fees, contract
J. Aiken grants the consumer default judgment on all but the unjust enrichment claim of his lawsuit accusing the research and product development company of selling a supercritical fluid extractor after the delivery date and in an unusable state. Because the consumer establishes that he met his obligations under the agreement and that the company violated its warranty by delivering a defective item late, the consumer and Caldera Group are entitled to $6.9 million in damages.
Court: USDC Oregon, Judge: Aiken, Filed On: December 6, 2023, Case #: 1:22cv1076, NOS: Other Contract - Contract, Categories: Damages, warranty, contract
J. Palk partially denies the defendant manufacturer's motion for summary judgment, specifically as to the express warranty claim, in this lawsuit concerning the manufacture and sale of a certain drilling rig. The record shows that the oil and gas company used a purchasing agent to acquire the rig, meaning it is "entitled to enforce the terms of the Contract." The court notes that it will address "the remaining issues" in a separate order.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: November 21, 2023, Case #: 5:18cv790, NOS: Other Contract - Contract, Categories: Energy, warranty, contract
J. Immergut grants the recreational vehicle manufacturing company $14,800 in attorney fees and $8,100 in costs for the family's lawsuit alleging that the company sold them a defective RV. The RV manufacturing company's requested rates for their attorneys and paralegals are reasonable, because the rates the RV manufacturing company seeks are below the average rates for attorneys with the same experience in the same region, while the requested paralegal rates do not exceed that of a first-year associate.
Court: USDC Oregon, Judge: Immergut, Filed On: November 16, 2023, Case #: 3:21cv1123, NOS: Other Contract - Contract, Categories: warranty, Attorney Fees, contract