Class action suit filed over Cochlear hearing implants 
Published: May 30, 2012
Tags: breach of warranty, class action, Cochlear implants, negligence, product liability
A class action has been filed alleging that cracks in the hermetic seal of Cochlear hearing implants allow bodily fluid to seep in, causing the devices to fail.
Class claims against Owens Corning weren’t discharged
Published: May 22, 2012
Tags: breach of warranty, Chapter 11, class action, fraud, negligence, strict liability
A class claims seeking damages for alleged defects in Owens Corning roofing shingles were not discharged by the company’s Chapter 11 bankruptcy case, the 3rd Circuit has ruled in reversing a summary judgment.
Whirlpool mold cases can proceed as class action
Published: May 7, 2012
Tags: breach of warranty, consumer protection, failure to warn, negligent design
Class status was properly granted to Ohio consumers who claimed they experienced mold contamination as a result of defectively designed Whirlpool front-load washers, the 6th Circuit has ruled in affirming judgment.
Family sues over injuries from surgery performed by robot
Published: April 23, 2012
Tags: Alabama, breach of warranty, daVinci surgical robot, fraud, hysterectomy, loss of consortium, negligence, pain and suffering, unjust enrichment
An Alabama family has filed a personal injury lawsuit against Intuitive Surgical claiming the company’s surgical robot botched a hysterectomy.
Walgreens sued for fatal prescription mixup
Published: March 2, 2012
Tags: breach of warranty, failure to warn, medication error, strict liability, Walgreens
Walgreens is being sued after the death of an elderly Kentucky woman whose pharmacist allegedly gave her the dangerous antihistamine Hydroxyzine instead of the high blood pressure medication Hydralazine prescribed by her doctor.
Magnuson-Moss exhaustion rule isn’t jurisdictional
Published: September 23, 2011
Tags: breach of warranty, consumer protection, jurisdiction, Magnuson-Moss Warranty Act
A federal court wasn’t deprived of subject matter jurisdiction in a breach-of-warranty lawsuit by the plaintiff’s failure to first engage in dispute resolution under the terms of her new car lease, the 9th Circuit has ruled in reversing a dismissal.
Arbitration clause invalid under Magnuson-Moss
Published: September 22, 2011
Tags: arbitration, breach of warranty, consumer protection, Magnuson-Moss Warranty Act
A used car dealer could not enforce a written warranty provision that mandated pre-dispute binding arbitration if it was sued for violating the Magnuson-Moss Warranty Act, the 9th Circuit has ruled in reversing judgment.
