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Express Warranties

13 published works

  1. ContractsProf Blog

    A Bone to Pick with the Supreme Court of Ohio?

    By Jeremy Telman

    One of the joys of teaching sales are the “reasonable expectation of the biter” cases such as Webster v. Blue Ship Tea Room, Inc. In addition to presenting a difficult…

  2. Florida Construction Legal Updates

    EXPRESS WARRANTY TRUMPING SPEARIN’S IMPLIED WARRANTY

    By David Adelstein

    Be mindful of that express warranty provision in your contract.  It could result in an outcome that you did not consider or factor when submitting your proposal or agreeing to…

  3. Drug & Device Law

    Turning A Lemon Into Lemonade

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. Way back at the start of this year, we posted about a great preemption win on express warranty. Well,…

  4. Agricultural Law and Taxation Blog

    Ag Contracts and Express Warranties

    By Roger McEowen

    OverviewUnderstanding warranties with respect to contracts is important.  One important aspect concerns their creation.  There are various types of warranties that are recognized by the law.  One type, an express…

  5. Drug & Device Law

    A Sometimes Overlooked Fact About Express Warranty

    By Bexis

    The warranty is “express.” Before you say, “Well, duh,” this sometimes actually does matter. Here’s how. Most complaints in product liability actions involving prescription medical products that include express warranty…

  6. Drug & Device Law

    Express Warranty Claim Preempted

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. We use products with warranties every day. There are warranties on frying pans, on light bulbs, on computers. We…

  7. All About Advertising Law

    The Importance of Coordination in Avoiding Implied Warranty Claims

    By Kimberly Culp, Venable LLP

    In “The War of the Roses” Kathleen Turner delivered the most dramatic “woof” in movie history when her character implied that the pate she just served was made from the…

  8. Drug & Device Law

    Bone Screws Revisited – 2014 Edition

    By Bexis

    The last opinion available on Lexis or Westlaw for Seavey v. Globus Medical, Inc., is from early 2012, when the manufacturer defendant failed to get the plaintiff’s express warranty claim…

  9. Drug & Device Law

    Device Preemption Win In Louisiana

    By Bexis

    A tip of the cyberhat to blog reader Ed Fitzgerald at Gordon & Rees for sending us the latest preemption win in the post-Riegel device world. It's Bencomo v. Guidant…

  10. Construction & Transition Litigation Law Blog

    Construction Defect Case Frequent Claim

    By Stark & Stark

    A component product's failure to perform as represented by its manufacturer is a frequent claim in a construction defect cases. Often, defendants of such claims attempt to hide behind general…