Service Contract Sold Separately (batteries not included)

Many consumers purchase cars, household appliances, or electronics subject to a warranty guaranteeing the product’s condition.  The Magnuson Moss Warranty Act (“MMWA”) governs the terms of these warranties.  Consumers seeking additional protection may also purchase an “Extended Warranty” or “Protection Plan” at some additional cost.  Although vendors sell these agreements alongside the product, and although consumers may believe they are purchasing a “warranty,” courts continue to recognize that these agreements are not “warranties” under the MMWA.  While courts agree that separate formation is a key distinguishing factor, vendors may also be able to distinguish Protection Plans on the basis of their substantive terms.

Ware v. Samsung

Most recently, on January 31, 2019, the U.S. District Court for the Northern District of Illinois dismissed claims that Best Buy’s “Geek Squad Protection Plan” (“GSPP”) was a warranty in viol

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Court Denies Class Cert, But With Plenty of Dicta

In a decision denying class certification, the Southern District of California in Conde v. Sensa, spent considerable time discussing how Plaintiff otherwise satisfied the typicality requirement necessary for moving forward with the class action. (See Conde v. Sensa, No. 14-cv-51 JLS WVG, 2018 U.S. Dist. LEXIS 154031 (S.D. Cal. Sep. 10, 2018)). The Court ultimately […]

MDL Court Powers Through Analysis On Economic Loss Claims

Attorneys asked to research economic loss issues across multiple states may have just hit the jackpot. The court presiding over the General Motors Ignition Switch Multidistrict Litigation recently authored an opinion providing a multistate survey of the law concerning product defect manifestation, incidental damages, and unjust enrichment in the economic loss context. See In re […]

Hoverboard Suit Goes Up In Flames

Also contributed by William Schoof* Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace?  In Fox v., Inc., No. 3:16-cv-03013, 2018 BL 191355 (M.D. Tenn. May 30, 2018), plaintiffs argued exactly that, and the district court answered with a resounding “no”. The popularity of […]