Articles Posted in U.S. Court of Appeals for the Ninth Circuit

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The Ninth Circuit certified the following question to the Oregon Supreme Court: Oregon's statute of repose for products liability actions, Or. Rev. Stat. 30.905(2), provides that a civil action "must be commenced before the later of . . . ten years . . . or . . . the expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured . . . ." If the state of manufacture has no relevant statute of repose, is a plaintiff entitled to an unlimited period (subject to the statute of limitations) in which to bring suit in Oregon court? View "Miller v. Ford Motor Co." on Justia Law

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Plaintiffs filed a class action suit against Ford, alleging that Ford breached implied and express warranties and committed fraud in the sale of Ford Focus vehicles containing rear suspension defects. The court concluded that the district court's order granting summary judgment as to the Song-Beverly Consumer Warranty Act, Cal. Civ. Code 1792, claims of plaintiffs is reversed in light of Mexia v. Rinker Boat Co. Mexia held that “latent defects” may breach the implied warranty even when they are not discovered within the implied warranty’s duration. The court reversed the district court's order granting summary judgment as to the express warranty claims of plaintiffs given the ambiguous terms of Ford's express warranty. Finally, the court reversed the district court's order granting summary judgment on plaintiff's Consumers Legal Remedies Act, Cal. Civ. Code 1770(a), and Unfair Competition Law, Cal. Bus. & Prof. Code 17200, because plaintiffs have raised a genuine issue of fact as to reliance. The court declined to address additional issues raised by Ford. Because the court reversed plaintiffs’ implied and express warranty claims, the court also reversed the district court’s order granting summary judgment as to the Magnuson-Moss Warranty Act, 15 U.S.C. 2301–2312, claims. View "Daniel v. Ford Motor Co." on Justia Law