breach of warranty elements
505 U.S. 504 (1992), 90-1038, Cipollone v. Liggett Group, Inc.
... death of his mother, a smoker since 1942, because they breached express warranties contained in their advertising, failed to warn ... preempt other such claims or the claims based on express warranty or conspiracy. Pp. 520-530. (a) The broad language ... consists of the following elements: 1) a material misrepresentation of . . . fact [by false ...
- 10 CFR 961.11 - Text of the contract
66 F.3d 604 (3rd Cir. 1995), 95-3027, Duquesne Light Co. v. Westinghouse Elec. Corp.
..., Duquesne filed this action against Westinghouse alleging breach of contract, breach of warranty, breach of the Uniform Commercial ...Although the court did not delineate the elements of the tort, it specifically cited to Restatement section 551. ...
820 F.3d 339 (8th Cir. 2016), 15-1830, Brown v. Louisiana-Pacific Corp.
... or deceptive practices, and breach of warranty against LP for. the purported defectiveness of ... under Iowa law, he must prove the following elements:. . . (1) defendant made a representation to the ...
518 U.S. 470 (1996), 95-754, Medtronic, Inc. v. Lohr
...The negligence count alleged a breach of Medtronic's "duty to use reasonable care in the design, ... Id., ¶ 11. (A third count alleging breach of warranty was dismissed for failure to state a claim under Florida law.). ... hazard for users of the product, such additional elements of the state-law cause of action would make the state ...
510 U.S. 443 (1994), 91-1950, American Dredging Co. v. Miller
... agreements, state laws regulating the effect of a breach of warranty under contracts of maritime insuranceall these laws ...Uniformity of process (beyond the rudimentary elements of procedural fairness) is assuredly not what the law of ...
350 U.S. 124 (1956), 4, Ryan Stevedoring Co., Inc. v. Pan-Atlantic Steamship Corp.
... the shipowner for damages caused it by the contractor's breach of its contract to stow the cargo properly and safely. Pp. ... like result occurs where a shipowner sues, for breach of warranty, a supplier of defective ship's gear that has caused injury or ...Competency and safety of stowage are inescapable elements of the service undertaken. This obligation is not a quasi ...
965 F.2d 994 (11th Cir. 1992), 90-3677, Tipton v. Bergrohr GMBH-Siegen
... the burden of proof at trial of showing the following elements: (1) that Siegen and Herne assumed the duty to ensure the safe ... trier of fact could find that Siegen and Herne breached a duty owed to Tipton or that their breach caused Tipton's ...: negligent design or manufacture, breach of implied warranty, and strict liability. In their motion for summary judgment, ...
46 F.3d 1298 (3rd Cir. 1995), 94-1425, Petrucelli v. Bohringer and Ratzinger
... asserts claims for negligence, strict products liability, breach of warranty, misrepresentation, and punitive damages. Petrucelli ...A claim for strict products liability has two elements: (1) that the product is defective; and (2) that the defect was a ...
346 U.S. 406 (1953), 13, Pope & Talbot, Inc. v. Hawn
...1. Although these were cases where the elements of unseaworthiness were probably present, courts rarely used that ... obligation was adopted into American admiralty law as a warranty of seaworthiness, of which the owner is not relieved [74 S.Ct. ... sustained here on an admiralty doctrine of liability for breach" of warranty which does not at all depend upon negligence. \xC2"...
224 F.3d 496 (5th Cir. 2000), 99-41037, Collins v Morgan Stanley Dean Witter
... responded by suing Morgan Stanley, claiming contract breach, misrepresentation, fraud, and other causes of action. . ... a claim of contract breach (or the related breach-of-warranty claim), then, the plaintiffs must have pleaded the existence of a ... we have explained, "justifiable reliance comprises two elements: (1) the plaintiff must in fact. . rely on the information; ...
253 F.3d 1180 (9th Cir. 2001), 99-17073, Zinser v. Accufix Research Institute
... liability, negligent misrepresentation, fraud and deceit, breach of express warranty, breach of implied warranty, and infliction ... the court to focus on the efficiency and economy elements of the class action so that cases allowed under subdivision ...
- Commerce, Commonality, and Contract Law: Legal Reform in a Mixed Jurisdiction
953 F.2d 909 (5th Cir. 1992), 90-1256, Skotak v. Tenneco Resins, Inc.
... court under theories of strict liability, negligence, and breach of an implied warranty, alleging that the cancer was caused by ... that: (1) the Skotaks could not prove the essential elements of their strict liability and negligence claims; and (2) as a ...
Strict liability for individuals? The impact of 3-D printing on products liability law.
... of action under the products liability umbrella include breach of express or implied warranty, negligence, and strict products ...As applied to products liability, the elements of negligence under the Third Restatement include: (1) the duty ...
75 F.3d 1069 (6th Cir. 1996), 95-3303, In re American Medical Systems
... complaint alleges strict product liability, negligence, breach of implied and express warranties, fraud and punitive damages, ... to warn, negligence, strict liability and breach of warranty, both expressed and implied. Without determining the merits of ...; 2) did not have a factual record establishing the elements of Rule 23; 3) certified a class action although it found that ...
Merger And Purchase Agreements Governed By Maryland Law: 'Sandbagging'
... then later assert an indemnification claim based upon the breach, or not. Background. Historically, to bring a claim for a ach of a representation or warranty a party must have relied on the false statement. Prior knowledge ...1980) as to the elements of the claim, the Court held that there was evidence of reliance ...
- 38 C.F.R. 36.4323 - Election to convey security
- A Warranty Expired: Time to Rid Louisiana of Fitness for Ordinary Use
501 U.S. 32 (1991), 90-256, Chambers v. Nasco
... District Court did not attempt to sanction Chambers for breach of contract, but rather imposed sanctions for the fraud he ... of CTR, who later became Chambers' wife, to execute warranty deeds conveying the two tracts at issue to the trust for a ...Some elements of that inherent authority are so essential to "[t]he judicial ...
477 U.S. 317 (1986), 85-198, Celotex Corp. v. Catrett
...Respondent's complaint sounded in negligence, breach of warranty, and strict liability. Two of the defendants filed ... to reverse because of such error with respect to the elements of a tort claim. Indeed, given that the issue of the moving ...
What's in the Package: Food, Beverage, and Dietary
Supplement Law and Litigation—Part I, 0714 COBJ, 2014,
July, Pg. 77
... misrepresentation, and (4) breach of warranty.  Each of. these types of claims is ... food. 69 Under Colorado law, the elements of. a products liability strict liability claim are: (1) ...
Shale in Sale-Adaptive Resolution of Mineral Rights Disputes Through Warranty Law and Veil-Piercing Remedies
Private enforcement of the Affordable Care Act: toward an "implied warranty of legality" in health insurance.
...State Regulatory and Enforcement Powers Under the ACA B. Existing State Causes of Action 1. Breach of Contract 2. State Consumer Protection Statutes 3. Insurer Bad Faith Laws II. AN "IMPLIED ...(187) The insurer may then attempt to negate any of these elements in its defense or raise other affirmative defenses. (188) . The following subsections lay out ...
708 F.3d 470 (3rd Cir. 2013), 12-1580, Belmont v. MB Inv. Partners, Inc.
... and Consumer Protection Law (the " UTPCPL" ), and (5) breach of fiduciary duty. The District Court dismissed all of the claims ... had failed to state a claim and had not pled the elements of fraud with the required particularity. On June 10, 2010, the ... advertising, fraud, breach of contract, and breach of warranty." Ash v. Cont'l Ins. Co., 593 Pa. 523, 932 A.2d 877, 881 ...