WTK Connect
This blog provides updates and important insights about products liability, commercial, and consumer litigation. It aims to educate our audience on the developments in these areas as well as to provide the audience with unique perspectives from seasoned defense attorneys. ______________________________________________________________________________________________________________________
- California Modifies The Strict Liability Component in Its “Made in U.S.A.” Label Law But It Is Unlikely That These Changes Will Alleviate Threat Of Class Actions
Oct 16, 2015 | Topic: Class Actions
Whether or not it was intended, California’s current “Made in U.S.A.” label law includes a strict liability component, because it requires that products marked as “Made in U.S.A.,” “Made in America,” or with similar words, must be 100 percent manufactured in the United States.
Continue reading... - Congress Passes E-Warranty Bill
Oct 16, 2015 | Topic: Warranty
Last month Congress passed the “E-Warranty Act of 2015” (S 1359). This bill would amend the Magnuson-Moss Warranty Act (Mag-Moss) to require the Federal Trade Commission (FTC) to revise the Mag-Moss rules to give manufacturers permission to make their product warranties available on their website, in lieu of including the warranties with their products.
Continue reading... - Jury Finds In Favor of Homeopathic Manufacturer In Multimillion Dollar False Advertising Class Action
Oct 16, 2015 | Topic: Product Liability
Last month a California federal jury found that Hyland’s Inc., a homeopathic manufacturer, did not misrepresent the effects of their homeopathic products. The plaintiffs’ 255 million dollar class action boiled down to an indictment on the science of homeopathy. Stated differently, the plaintiffs argued that Hyland’s homeopathic products did not provide any medical benefits.
Continue reading... - California Court of Appeal Offers Insight on What Not to Do When Selling Vehicles and Other Consumer Goods with a Service Contract/Warranty
Sep 9, 2015 | Topic: Warranty
The Court of Appeal recently reversed a judgment in favor of an auto dealer. (Jones v. Credit Auto Center, Inc. (2015) 237 Cal. App. 4th Supp. 1.) Despite this result, the Court’s ruling is particularly instructive for companies that sell vehicles and other consumer goods with express warranties and/or service contracts in California.
Continue reading... - California Supreme Court Upholds the Enforceability of Class Action Waivers
Sep 9, 2015 | Topic: Warranty
Automobile dealers, and other businesses, are likely excited over the California Supreme Court’s recent decision in Sanchez v. Valencia Holding Company, LLC (Aug. 3, 2015) ___ Cal.4th ___. The Court held that class action waivers found in purchase agreements must be enforced.
Continue reading... - Dealer Turns Lemon Law Claims Into Lemonade
Sep 9, 2015 | Posted by Morgan P. Suder | Topics: Product Liability, Warranty
The Court of Appeal of California, Third Appellate District, held the alleged existence of a manufacturer’s warranty that transferred to the buyers of a used vehicle did not support the buyer’s lemon law claim against the dealership that sold them the used vehicle “as is” and without warranty.
Continue reading... - Class Action Lawsuit against Apple over Allegedly Faulty MacBooks Is Dismissed
Mar 17, 2015 | Posted by James P. Leonard | Topics: Class Actions, Product Liability
After landing in U.S. District Court in the Northern District of California, Apple moved to dismiss the case in part because Plaintiffs were unable to provide specific support for any of their claims.
Continue reading... - In California, Plaintiffs’ Bar Again Pushes to Limit Use of Demurrers
Mar 17, 2015 | Topics: Business Litigation, Class Actions, Product Liability, Warranty
We have all seen our share of complaints that leave you wondering “so what?” That is, even assuming all of the alleged facts are true, there is no cognizable legal cause of action that can be asserted.
Continue reading... - The Court Of Appeals Provides Clarity To The Issue Of Whether A Denial To A Request For Admission May Be Used As Evidence At Trial—Not Ordinarily.
Mar 17, 2015 | Topic: Product Liability
The Court of Appeal, First Appellate District, recently held in Gonsalves v. Li (Cal. App. 1st Dist. 2015) 232 Cal.App.4th 1406, that although the Code of Civil Procedure allows a party to submit deposition testimony and responses to interrogatories as evidence at trial, it does not expressly provide for the introduction of denials of requests for admission.
Continue reading... - Unique Strategy Used To “Win” a Song-Beverly Consumer Warranty Case
Mar 17, 2015 | Topic: Warranty
Mercedes-Benz recently implemented a unique strategy to essentially win a Song-Beverly Consumer Warranty case. MacQuiddy v. Mercedes-Benz, 233 Cal. App. 4th 1036 (2015).
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