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
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
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.
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