Court strikes blow for homeowners Sep 8, 2008
The trial court ruled that the plaintiff, a condominium association, could not bring an implied warranty claim against the builder of its units because the builder was not the developer that sold the units to the public. This left the association without any remedy against the builder of its defective units. (AZCentral -- Business)
Court Ruling Opens Builders to Lawsuits Aug 27, 2008
The Court's opinion will allow consumers to sue homebuilders statewide for breach of the implied warranty of workmanship and habitability even if the work was not purchased directly, or conducted by, the developer as the vendor. "Innocent buyers of defectively constructed homes should not be denied redress on the implied warranty simply because of the form of the business deal chosen by the builder and vendor," wrote Justice Andrew Hurwitz and agreed to by all four of his peers on the Court:... (RealtyTimes)
'I THINK I HAVE A MUCH HIGHER IQ THAN YOU DO'... Aug 24, 2008
The Case Against Joe Biden - The Fix. The Fix runs through the potential VP picks. (The Drudge Report)
Week in review: Apple's mea culpa? Aug 23, 2008
In a 10-page complaint, Birmingham resident Jessica Alena Smith charged Apple with breach of express and implied warranty and with unjust enrichment. Smith, who refers to the phone she purchased throughout the complaint as "Defective iPhone 3G," is seeking class action status. (CNET News)
The iPhone Is Expected in Poland by Lots of Actors in Fake Lines Aug 23, 2008
On Tuesday, the U.S District Court for Northern Alabama received a ten page complaint from Jessica Alena Smith, in which Apple was accused of having breached express and implied warranty, as well as. As of today, American Airlines is the first company to offer its customers onboard Internet access. (eFluxMedia)
Apple sued over iPhone 3G reception issues Aug 21, 2008
In a 10-page complaint filed Tuesday in the U.S District Court for Northern Alabama, Birmingham resident Jessica Smith charged Apple with breach of express and implied warranty and unjust enrichment. Smith, who refers to the phone she purchased throughout the complaint as "Defective iPhone 3G," seeks class action status. (CNET News)
Court: Home buyers can bypass developers, sue builders Aug 20, 2008
Innocent buyers of defectively constructed homes should not be denied redress on the implied warranty simply because of the form of the business deal chosen by the builder and vendor, Justice Andrew Hurwitz wrote in the unanimous ruling ... But whatever the commercial utility of such contractual arrangements, they should not affect the homebuyer's ability to enforce the implied warranty against the builder, he added. (AZCentral -- Business)
Pa. High Court to Hear Appeal in High-Profile Kia Class Action Jul 16, 2008
Kia also argued that the Superior Court panel made its decision in the case as if the case was within the context of an implied warranty case, not an express warranty case. "There are some pretty important issues here," William H. Lamb of Lamb McErlane said in a joint interview with co-counsel James C. Sargent Jr., also of. (Law.com)
Jury Awards $6 Million in Class Action Against Kia Over Defective Brakes Jun 11, 2008
The jury found that the automobile manufacturer breached its express and implied warranty to purchasers of the cars and violated the terms of the 1975 Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq. which governs warranties on consumer products and allows prevailing plaintiffs to recover reasonable costs of suit, including attorney fees. (Law.com)
More on the mobile home park situation May 23, 2008
It appears clear that there had been no investment in the park for 28 years, but there is a breach of the implied warranty of habitability. And yet we are expected to continue paying our rent in full and on time. (La Crosse Tribune, WI)
Murrieta family suing in E. coli case Mar 2, 2008
The suit alleges three causes of action: strict product liability, implied warranty and negligence. It does not specify any monetary amount the family is seeking. (North County Times)
Supreme Court rules subsequent homeowners can sue builder Feb 2, 2008
The Speights filed a breach of implied warranty of workmanlike construction lawsuit against Walters in 2003, claiming the builder was negligent in the construction of the home. An implied warranty of workmanlike construction requires "that a building be constructed in a reasonably good and workmanlike manner and ... be reasonably fit for the intended purpose," the court said ... "We believe the Iowa law should follow the modern trend allowing a subsequent purchaser to recover against a builder... (Muscatine Journal, IO)
Hampton Roads Cash Grab Official Rules Jan 30, 2008
WTKR, ITS AFFILIATES, SUBSIDIARIES, AND ADVERTISING AND PROMOTION AGENCIES ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY CONTEST-RELATED MATERIALS; OR FOR STOLEN, LOST, LATE, MISDIRECTED, DAMAGED, INCOMPLETE OR ILLEGIBLE ENTRIES, INCORRECT ENTRY OF INFORMATION BY ENTRANTS, OR MALFUNCTIONS OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OR ANY COMBINATION THEREOF, OR FOR ENTRY MATERIALS THAT HAVE BEEN TAMPERED WITH, OR FOR HUMAN ERROR, OR LOST/DELAYED DATA TRANSMISSION.... (WTKR.com, VA)
How to Protect Your New Gifts Dec 27, 2007
The first is called an "implied warranty of merchantability," which basically means that a product must do what it's supposed to do. In other words, a blender must blend, and a toaster must toast. (ABC News)
Troubleshooter: No rain check from Hotwire Dec 7, 2007
Theres an implied warranty that these properties will be up to standards, right. Not exactly. (MSNBC -- Travel)
Contest Rules Nov 26, 2007
The Prize is awarded "AS IS" and without warranty of any kind, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). No substitution, assignment, exchange or transfer of Prize or cash equivalent is permitted by Winner. (LinuxPlanet)
Ask George & Chuck: Questions from Consumers Oct 9, 2007
Answer: Massachusetts has had an implied warranty of habitability of new construction homes -- including condominiums, since 2002 ... In order to establish a breech of the implied warranty of habitability, a homeowner must demonstrate that (i) he or she purchased a new house from the builder, (ii) the house contained a latent defect, (iii) the defect manifested itself only after the purchase, (iv) the defect was caused by the builder's improper design, material or workmanship, and (v) the defect... (RealtyTimes)
Environmental Power Corporation Reports Second Quarter 2007 Financial Results, Announces Sale of Carbon Credits, Provides Business Update and Announces Annual Meeting Aug 14, 2007
Factors that could cause actual results to differ materially include, but are not limited to: uncertainties involving development-stage companies; uncertainties regarding project financing, the lack of binding commitments and/or the need to negotiate and execute definitive agreements for the construction and financing of projects, the sale of project output, the supply of substrate and other requirements and for other matters; financing and cash flow requirements and uncertainties; inexperience... (PR Newswire)
Hagens Berman Sobol Shapiro: Outraged Parents Lash Back at Thomas Manufacturer With a Lawsuit Jun 23, 2007
The filed suit claims RC2 violated the Illinois Consumer Fraud Act and Consumer Fraud Laws of other states, breached the implied warranty by selling goods that were unfit, is strictly liable for damages and acted negligently in product design. About Hagens Berman Sobol Shapiro The law firm of Hagens Berman Sobol Shapiro is based in Seattle with offices in Chicago, Cambridge, Los Angeles, Phoenix and San Francisco. (PR Newswire)
Judge Seethes Over Direct Contact of Represented Parties in Pet Food Case Jun 2, 2007
They seek compensation for veterinary care, medical monitoring and other expenses, damages for negligence and breach of express and implied warranty and attorney fees and costs. Courts traditionally have viewed pets as property and have allowed damages only for the cost of replacing an animal. (Law.com)
Fujitsu Awarded Product Innovation of the Year by Frost & Sullivan May 4, 2007
Statements herein are based on normal operating conditions and are not intended to create any implied warranty of merchantability or fitness for a particular purpose. Fujitsu Computer Products of America, Inc. reserves the right to modify at any time without notice these statements, our services, products, and their warranty and performance specifications. (PR Newswire)
Contest Rules & Regulations Apr 29, 2007
com - NEWS - Exclusive News - Contest Rules ations. Contest Rules ations - Exclusive News - NEWS - VirginMegaMagazine. (VHI.com -- Virginmega.com Music News)
GH Website Certification Apr 29, 2007
Good Housekeeping makes no representation or express or implied warranty or guarantee as to the content of the sites or products which may be described or sold on them. Products sold are not covered by Good Housekeeping's Consumers' Policy or the Good Housekeeping Seal unless they separately qualify for and are expressly licensed to use the Seal. (Good Housekeeping, US)
Repair and Deduct Laws Give Tenants Options Feb 9, 2007
"However, in jurisdictions that have no explicit repair and deduct legislation and rely on the implied warranty of habitability, the right to use repair and deduct is limited only by the reasonableness of the repairs. A tenant may even be able to buy a new furnace and deduct the cost from the rent," according to the site's rent law section. FindLaw. (RealtyTimes)
Lawsuit lists problems in Nirvana Dec 29, 2006
Reserve funds were not set aside for the Nirvana conversion, so state law says there is an implied warranty, the suit said. The associations want a list of all the contractors who worked on the project and are considering further legal action, according to the associations' Boca Raton-based attorney, Aaron Cohen. (South Florida Business Journal, FL)
Plavix Makers Sued for Ignoring Drug's Health Risks Dec 22, 2006
The suits include counts of negligent misrepresentation, defective design and manufacturing, breach of implied warranty, failure to warn and violations of the New Jersey Product Liability Act, N.J.S.A. 2A:58C-1 et seq. and the New Jersey Consumer Fraud Act, N.J.S.A. 56. (Law.com)
Visual MainWin v 1.8 for J2EE Developer Edition Dec 22, 2006
MAINSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAINSOFT OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some jurisdictions do not allow limitations on how long an implied warranty last, so the above limitation... (LinuxPlanet)
Nintendo Responds to Lawsuit Dec 22, 2006
what you state here is called an implied warranty of merchantability and many items sold specifically exclude that type of warranty on their products (unless disallowed by the laws of that jusridiction. I don't know if that is applicable in the warranty on the Wii. (DailyTech)
Full Page Ad: Rarely A Good Time To Buy Extended Warranties Nov 20, 2006
Always try to negotiate a better price," the magazine reports. Beware. Beware of warranties that force you to transport or ship large items for repair. Shipping costs could negate any cost savings realized by the warranty. For heavy items such as large TVs or major appliances, the extended warranty should include in-home repair or pickup. Also check for a "lemon" clause that says the product is replaced after several or more repairs. Also check your state's consumer protection laws. Some lemon... (RealtyTimes)
School files suit over flooding of WMS library flooding Nov 17, 2006
After contacting Bender about the problems, the district has filed a lawsuit alleging breach of contract, negligence and implied warranty. The district is asking for a minimum of 1. (Sebastopol Sonoma West Publishing, CA)
Supreme Court Asked To Save American Nov 7, 2006
Under it, stevedores and other marine contractors give ship owners an implied warranty of workmanlike performance, and the failure to do so gives rise to a ship owner's right to be compensated for a loss. The Supreme Court turned down California's request to reinstate the death sentence for a man who took revenge on his therapist by murdering her husband. (CBS News -- US)
READ MORE > Sep 9, 2006
District Court Judge William L. Thomas dismissed the case, which alleged violations of strict liability, express and implied warranty and negligence for failure to warn. The Iowa Supreme Court upheld the dismissal of the liability and warranty issues, but said Kolarik could pursue damages because a jury could find that "reasonable care by a wholesale seller of stuffed olives would include providing a warning on the label that pits or pit fragments might be encountered.". (Sioux City Journal, IO)
Fujitsu to Deliver Cutting Edge Hard Disk Drive Technology to Address Growing Industry Demands Aug 30, 2006
" Hard Disk Drive Specifications MHW2160BH Series -- Capacity: 80/160GB -- Rotational Speed: 5400RPM -- Interface: SATA -- Average Seek Time: 12 ms typ. (Read), 14 ms typ. (Write) -- Read/Write Power Consumption: 1.9W typ. -- Idle Power Consumption: 0.6W typ. -- Operating Shock: 300G, 2 ms -- Non-operating Shock: 900G, 1 ms -- Operating Vibration: 1.0G (5 to 500 Hz) -- Non-operating Vibration: 5.0G (5 to 500 Hz) -- Acoustic - Random Seek: 2.8 bel -- Acoustic - Idle: 2.4 bel MHW2080AT Series --... (PR Newswire)
Five On Your Side Puts Stop To Refrigerator-Repair Runaround Jul 13, 2006
The lesson in Wilshire's refrigerator repair woes: According to Consumer Reports, when a store sells you a product, it is giving an unwritten assurance called an "implied warranty of merchantability." That means if a new product does not work within an unreasonably short time, the retailer is obligated to correct the problem, no matter what the return policy says. Of course, items sold "as is" would not qualify under the unwritten assurance. (WRAL.com, NC)
Fujitsu to Present and Exhibit Leading Serial Technology at 2006 Storage World Conference Jun 17, 2006
5" Serial ATA (SATA) and small form factor (SFF) Serial Attached SCSI (SAS) hard disk drives at Storage World Conference June 20-22, 2006 in Long Beach, CA. In addition to exhibiting Fujitsu hard disk drives at the conference, Joel Hagberg, vice president, marketing and business development of Fujitsu will be participating in the "SATA and Its Future" panel, joining respected peers from LSI Logic, Silicon Image, Xyratex International and ANStor64. The open panel discussion will address how far... (PR Newswire)
Hustontown Sewage Authority Sues Engineers, Contractors Jun 9, 2006
The suit also alleges breach of contract against Keller Engineers and Greenland Construction and breach of express warranty and breach of implied warranty against Aquapoint Inc.. Construction on the Authority s original $1. (Fulton County News, PA)
Court wont hear Chrysler appeal Mar 30, 2006
A jury found in the Georges favor in one of the two remaining claims: breach of the implied warranty that the vehicle would run properly. The couple was awarded $4,500 in costs to repair the vehicle and $2,450 in damages for their annoyance and inconvenience. (Charleston Gazette, WV -- Business)
GPL V4 - first draft Jan 17, 2006
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA. (Tectonic)
