Relatively few consumer product manufacturers include forum selection or choice-of-law clauses in consumer product warranties; but when they do, courts generally enforce them. Continue reading
Author Archives: Paul Wojcicki
Can we schedule more home games?
Filed under Warranty
Legal “Double Talk”: When is a warranty not a warranty?
In Grosse Pointe Law Firm, PC v. Jaguar Land Rover North America, LLC, 2016 WL 5266724 (Mich. App.2016), the Michigan Court of Appeals joined courts from several other jurisdictions in holding that a written “repair or replace warranty” (“RRW”) is not a “warranty” as defined under of § 2-313(1) of the Uniform Commercial Code (“UCC or “the Code”). See, e.g., Mydlach v. DaimlerChrysler Corp., 226 Ill.2d 307 (2007). Warrantors should take heed. Continue reading
Filed under Warranty
Litigation Practice Tips
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In a recent webinar my Segal McCambridge colleague, Dan Ahasay, and I covered three key litigation topics: telling your client’s story to the jury, understanding and applying the federal rule of evidence governing the use of expert witness testimony at trial, and defending against a trial tactic claimed to spur jurors to think with their “reptile” brain. While we couched our discussed in the context of products liability litigation, the thoughts and insights shared apply to just about any case. You can access the presentation materials here.
Filed under Best Practices
Hot off the press: New Frontiers for Extended Warranties
New Frontiers for Extended Warranties by Aleem Lakhani is a must read for warranty industry professionals. In the article, Aleem examines the impact disruptive technologies and changing consumer expectations are having on warranty, extended warranty and service contract operations. He analyzes the contours of the present day warranty marketplace, the digital transformation of how business is done in the space, and what this transformation means for key stakeholders. Aleem observes that “[t]he primary challenge [disruptive technologies present] relates to how to harness the data to make intelligent use of it in a timely manner for relevant partners in the warranty value chain ecosystem,” and predicts that “[t]hose that take bold steps today will benefit from first-mover advantage, increased market share, and will establish trust, loyalty and confidence about their commitment to innovation with partners, including the expectation of today’s and tomorrow’s customers.”
Aleem, the EVP at AmTrust North America, Specialty Risk Division, is a warranty industry veteran and thought leader. He also serves as on the Board of Directors for the Global Warranty and Service Contract Association. (Full disclosure: I am presently serving as GWSCA president.)
Filed under Service Contract, Warranty
Damages and Disclaimers, the Finale
Here is the third and final post in my series on damages and disclaimers in consumer product warranty actions. (Parts 1 and 2 are here and here.) Continue reading
Filed under Warranty
Damages and Disclaimers cont’d.
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Here’s part two of my discussion of damages and disclaimers in cases involving claims that a warranty on a consumer product has been breached. (Part 1 is here.) Continue reading
Filed under Warranty
Damages And Disclaimers in Actions for Breach of a “Repair or Replacement” Warranty
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How should damages be measured in an action for breach of repair-and-replacement warranty? And what elements of damages should available? I recently ran across a piece I wrote addressing these questions in 2005. Remarkably – or, perhaps, not so remarkably given the pace at which the law evolves – it remains relevant; so I thought I’d put it out there for comment. Continue reading
Filed under Warranty
Survey says: Service contract purchasers more loyal to brand and retailer.
Warranty Week reports that a survey done by The Warranty Group shows that “buyers of protection plans are happier with their purchases and more loyal to both the seller and the manufacturer’s brand than are non-service-contract buyers.” The report does not answer one key question: Why?.
Any thoughts?
Filed under Customer Experience, PR & Branding, Service Contract, Warranty
Opening a lane for driverless cars
Lawmakers in both the Senate and House think its time for the federal automotive regulations to catch up with the advances made in autonomous car technology. Continue reading
Filed under Uncategorized
GWSCA President, Paul Wojcicki: Moving GWSCA Forward
In a much less contentious election than many of us have been focused on recently, I have been selected to serve as President of the Global Warranty and Service Contract Association. Continue reading
Filed under Service Contract, Warranty
Matthew Kelly
The Editors
Paul Wojcicki