Tag Archives: appeals

Whirlpool comes out smelling like a rose

whirlpool logo

Yesterday, a federal jury in Cleveland ruled for Whirlpool Corp. in a warranty-based class action involving allegedly defective front-loading washing machines. As discussed in an earlier post, the case had been up and down to the Supreme Court, and given the Court’s recent class action rulings, that was it was allowed to proceed to trial was rather unexpected. Continue reading

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Case Note: Court puts the brakes on implied warranty claims

brake rotor

“Merchantability” is one of those legal terms-of-art that defies precise definition. Courts ruling on implied warranty of merchantability claims generally frame the question as whether the product was “reasonably fit for its intended purpose.” But what any given jury will find to be “reasonable” is anyone’s guess. So better for the defendant that the case never get to the jury. I think Chrysler might agree. Continue reading

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Filed under Court Decisions, Resolving Disputes, Statutes & Regulations, Warranty

Raising the bar in breach of implied warranty cases

A recent decision suggests that the bar for finding a product maker or seller liable for breach of the implied warranty or merchantability may be getting higher – or at least that its true height may be becoming more clear.

For product makers and sellers, breach of implied warranty claims can be particularly difficult to defend. The “not reasonably fit for intended use” liability standard normally applied to claims of this type is rather amorphous. It can be given widely varied interpretations depending on who is doing the interpreting and how sympathetically the person making the claim is viewed. As a result, even relatively minor product problems are too often found sufficient to support liability, particularly in cases involving cars, RVs, and other high-ticket consumer goods.

But a favorable trend may be developing. Continue reading

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On the Horizon – Illinois Appellate Court to Review Product Buy-Back Claim

Janis v. Workhorse Custom Chassis, a consumer product breach of warranty case, is heading to the Illinois Appellate Court.  There, the court will examine whether warranty disclaimers in a sales contract prevent a dissatisfied buyer from suing to force the seller to buy back the product – and, more importantly, may rid Illinois jurisprudence of the, shall we say, “curious” Blankenship decision.  Continue reading

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