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16 Jul 2015, 5:00 am
”  The manufacturer’s letter “recommended physicians to consider,” inter alia, replacement, and offered free replacement units for any affected pacemakers even if the warranty had expired. [read post]
8 Jun 2015, 6:57 am by Steven J. Fink
Judge Scheindlin rejected HSBC’s argument that the plaintiffs had failed to plead breaches of representations and warranties on a sufficiently granular basis and also held that plaintiffs had sufficiently alleged that the bank had specific knowledge of breaches of the representations and warranties. [read post]
8 May 2015, 8:15 am by Don Cruse
CARLTON ENERGY GROUP, LLC, No. 12-0255 Opinion of the Court Previously: A good day for takings claims, a bad day for implied warranties, and 2 grants (March 29, 2013) Expert testimony about causation GHARDA USA, INC. [read post]
30 Mar 2015, 10:52 am by Paul Rugani
On March 20, the National Credit Union Administration Board, acting as liquidating agent for five failed credit unions, filed suit against HSBC USA in the Eastern District Court of Virginia. [read post]
10 Feb 2015, 1:01 pm
Ky. 2007), that also found that the defendant was qualified as a “middleman” selling prescription drugs:[Plaintiff] did not, however, allege that an express or implied warranty was made that the drugs were fit for her use. [read post]
10 Feb 2015, 5:36 am by , and
In part two of the “Made in the USA” podcast series, Jay Levine, Jared Klaus and Bob Tannous discuss how mitigating risk from such claims requires a holistic approach, including such strategies as negotiating indemnity agreements and reps and warranties with upstream suppliers and manufacturers, structuring insurance arrangements, conducting internal audits and monitoring for warning signs on social media and court filings. [read post]
12 Jan 2015, 12:59 pm
  The MDL court held that not only claims labeled “strict liability,” but also breach of warranty claims must be dismissed with prejudice under Budding. [read post]
8 Jan 2015, 6:16 am by Lloyd J. Jassin
 Author’s Representations & Warranties       1. [read post]
8 Jan 2015, 6:16 am by Lloyd J. Jassin
 Author’s Representations & Warranties       1. [read post]
8 Jan 2015, 6:16 am by Lloyd J. Jassin
 Author’s Representations & Warranties       1. [read post]
  The plaintiff asserted claims for breach of express warranty, unjust enrichment, and for violation of the Magnusson-Moss Warranty Act, Florida Deceptive and unfair Trade Practices Act, and New York General Business Law section 349. [read post]
8 Oct 2014, 6:23 am
This offers to beat prices offered by competitors for a similar product and accompanying service, for example warranty and delivery. [read post]
4 Oct 2014, 12:48 pm by Peter S. Lubin and Vincent L. DiTommaso
The plans are optional, but the former employee alleges that the vast majority of loans issued by USA Discounters include the extra fees and warranty. [read post]
3 Oct 2014, 11:00 am by Editorial Board
On September 17, HSBC Bank USA NA, as trustee for an RMBS trust, filed suit in the Supreme Court for the State of New York against Nomura Credit & Capital Inc. over approximately $613 million in RMBS issued in May 2007. [read post]
2 Oct 2014, 10:44 am by Editorial Board
On September 17, HSBC Bank USA NA, as trustee for an RMBS trust, filed suit in the Supreme Court for the State of New York against Nomura Credit & Capital Inc. over approximately $613 million in RMBS issued in May 2007. [read post]
5 Aug 2014, 12:24 pm
Medtronic Sofamor Danek USA Inc., 2014 U.S. [read post]
2 Jul 2014, 9:50 am by Alexis Domb
The class action argued that Iovate, in marketing its Hydroxycut products, violated California’s Consumer Legal Remedies Act, Unfair Competition Law, as well as breach of express warranty. [read post]