Finding his claims were time-barred, the Fourth Circuit recently affirmed the dismissal of Appellant’s complaint in Ferro v. Volvo Penta of the Americas, LLC, No. 17-2129, 2018 WL 2068665 (4th Cir. May 3, 2018) (“Ferro II”). The decision is a good example of why it is important for defense counsel to identify each claim’s statute of limitations accrual point and duration.
The facts of Ferro are straightforward. In 2007, plaintiff purchased a 2006 Cruisers Yacht equipped with two Volvo Penta model engines, which included an XDP outdrive. Ferro v. Vol Vo Penta of the Americas, LLC, No. 5:17-CV-194-BO, 2017 WL 3710071, at *1 (E.D.N.C. Aug. 28, 2017) (“Ferro I”). Ferro alleged in his complaint that he experienced XDP outdrive failure beginning in August 2008. Ferro detailed that he had to replace the engine parts in July 2008, August 2009, June 2011 and June 2013. Id. Ferro pointed the district court to a two-year warranty on all replacement
Read the full article →
As consumers continue to file class actions around the country, it is important for practitioners to analyze how federal courts interpret class certification requirements. For defense attorneys, it is especially helpful to understand the nuanced arguments that have been successful in defeating class certification and, in particular, to develop a strong factual recordRead the full article →
Last month, a district court in Massachusetts ruled that a putative class action against Mercedes-Benz USA, LLC (“Mercedes-Benz” or “Defendant”) should remain in federal court. See Richard K. Garick v. Mercedes-Benz USA, LLC, No. 17-cv-12042-IT (D. Mass March 30, 2018). The United States District Court for the District of MassachusettsRead the full article →
A district court in Illinois recently dismissed putative class action claims against Fannie May Confections Brands, Inc. based on allegations that certain boxes of their sugary treats contained fewer candies than expected. Benson v. Fannie May Confections Brands, Inc., No. 17 C 3519, 2018 WL 1087639, at *1 (N.D. Ill.Read the full article →
We know it’s still hockey season but an interesting decision from the Ninth Circuit recently caught our eye involving the national pastime. Hoping to catch a foul ball in the stands has long been a fan-favorite part of America’s pastime. But in an age of increased pitching and hitting speedsRead the full article →