breach of warranty

• Breach of warranty

• U.S. District Court, Maryland Case Summaries: April 10, 2011

Contract Law Breach of warranty

• The Daily Record (Baltimore)
• April 17, 2011

• Plaintiff's Negligence, Products Liability and Breach of Warranty Claims Reinstated

Where the plaintiff, following a snowmobile accident, commenced an action alleging (1) negligence of the snowmobile manufacturer and wholesaler; (2) negligence of the retailer; and (3) strict products liability/breach of warranty, the defendants were not entitled to dismissal of the claims. Reviewing the March 26, 2004 decision of New York State Supreme Court, Erie County Judge Donna M. Siwek in Mark C. Repka v. Arctic Cat, Inc., formerly known as Arctco, Inc., et al., the Appellate Division, Fourth Department reinstated the plaintiff's complaint in its entirety.

• Daily Record (Rochester, NY)
• July 08, 2005

• California Court Of Appeal Clarifies Breach Of Warranty Law In Class Actions And Vacates Order Certifying Class Of Consumers In 'American Honda Motor Company, Inc. V. Superior Court'

In American Honda Motor Company, Inc. v. Superior Court of Los Angeles County, 199 Cal. App. 4th 1367 (2011), the California Court of Appeal for the S...

• Mondaq Business Briefing
• United States Law Articles in English

• Apostolos Group, Inc. v. BASF Constr. Chems., L.L.C., (Ohio 2011)

commercial consumer – Civ. 12(B)(6) – claim for breach of implied warranty

• Ohio Supreme Court

• Legal Opinions - Maryland Court of Appeals: April 7, 2008

Commercial Law Breach of warranty

• The Daily Record (Baltimore)
• April 08, 2008

• Product Liability: Beyond Loss Control - an Argument for Quality Assurance

Companies should be diligent in examining the relationship of product liability claims and effective quality assurance programs. A review of the literature suggests there are many writings about the mechanics of a product liability case, but very little hard evidence to suggest that companies are saving money because of implemented quality initiatives. While liability in this arena is usually borne by an injury that is due to a defect in either design, manufacturing, or marketing materials, suits are generally filed under three broad categories: negligence, breach of warranty, or strict tort liability. Properly implemented quality assurance initiatives will serve a company by tracking all aspects of the operation, from design to packaging, in order to determine where waste and defects a...

• Quality Management Journal, The
• Vol. 15 Nbr. 2, April 2008

• Breach of Warranty Case Brings $754k Verdict for Magnus Precision Manufacturing Inc. Of Phelps

Attorneys from Bond, Schoeneck & King have received a $754,000 verdict on behalf of their client, Magnus Precision Manufacturing Inc. of Phelps. The Ontario County company was represented by Brian Laudadio of BS&K's Rochester office and Stephen Sharkey of the firm's Buffalo office. The dispute involved a machine tool the company purchased in 2005 from TPS International Inc. of Sussex, Wis. for $837,000.

• Daily Record (Rochester, NY)
• February 10, 2011

• Pa Supreme Court Rules Lighter Manufacturer Cannot Be Sued for Breach of Warranty

The manufacturer of a cigarette lighter used by a child to start a fatal fire could not be sued for breach of warranty, the Pennsylvania Supreme Court has ruled in reversing the denial of a summary judgment. A two-year-old child started a house fire using a disposable butane cigarette lighter manufactured by the defendant. The fire killed the child, the child's mother, and another child. The lighter lacked any child-resistant features.

• Lawyers USA
• October 24, 2005

• New York State Court of Appeals: Breach of Warranty Verdict Upheld for Ge Refrigerator

In a case in which a plaintiff claimed a manufacturing defect in his three-week-old General Electric (GE) refrigerator caused a kitchen fire, the New York State Court of Appeals upheld the jury's verdict supporting his breach of warranty claim. In a Feb. 20 decision, the state's highest court found a fire department report and other evidence supported the jury's finding that the fire originated from the refrigerator's freezer.

• Daily Record (Rochester, NY)
• March 23, 2007

• Shipbroker Sued For Breach Of Warranty Of Authority, And Of Sections 52, 53(bb) And 53(d) Of The Trade Practices Act; No Implied Term That Ship Broker Provide Relevant Information To Its Principal.

BHPB Freight Pty Limited v Cosco Oceania Chartering Pty Limited & Anor (No. 3) [2009] FCA 1087 Federal Court of Australia1 In Brief The time chart...

• Mondaq Business Briefing
• Nbr. 2009, January 2009