Statute of Limitations Leaves Plaintiff SOL

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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

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New Jersey Federal Court Highlights Continued Hurdles To Consumer Class Actions

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 →