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
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
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