In Gertz v. Toyota Motor Corp., 2011 WL 3681647 (C.D.Cal. 2011), Judge Guttierrez granted an automobile manufacturer’s motion to dismiss an express warranty claim on the basis that what Plaintiff’s really were alleging was a product defect, which was mutually exclusive from the warranty claim. The claim arose from allegations that Prius’ fuel tanks contract in cold weather such that… Read More
As part of the Federal Trade Commission’s systematic review of all FTC rules and guides, the agency is seeking public comment on its Rules and guidance regarding product warranties under the Magnuson-Moss Warranty Act. The agency is seeking comment on the FTC’s Interpretations of the Magnuson-Moss Warranty Act, the FTC’s Guides for the Advertising of Warranties and Guarantees, and three… Read More
In Cox v. Kia Motors Am., Inc., 2011 WL 924020 (Ohio App. 2011), the Ohio Court of Appeals followed Ninth Circuit precedent to hold that the Magnuson-Moss Warranty Act applies to limited, as well as full, warranties. Whether the MMWA applies to limited warranties is an issue of first impression in Ohio. But many other state and federal courts… Read More
In Paduano v. American Honda Motor Co., Inc. (2009) 2009 WL 57806, the California Court of Appeal held that Federal law (the Energy Policy and Conservation Act) specifying the use of EPA estimates of mileage preempts breach of warranty claims based on a Hybrid vehicle's failure to achieve EPA mileage estimates. However, the EPCA did not preempt claims under the CLRA and… Read More
