Topic
Express Warranties
13 published works
ContractsProf Blog
A Bone to Pick with the Supreme Court of Ohio?
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…
Florida Construction Legal Updates
EXPRESS WARRANTY TRUMPING SPEARIN’S IMPLIED WARRANTY
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…
Drug & Device Law
Turning A Lemon Into Lemonade
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,…
Agricultural Law and Taxation Blog
Ag Contracts and Express Warranties
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…
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…
Drug & Device Law
Express Warranty Claim Preempted
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…
All About Advertising Law
The Importance of Coordination in Avoiding Implied Warranty Claims
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…
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…
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…
Construction & Transition Litigation Law Blog
Construction Defect Case Frequent Claim
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…