From the perspective of both buyer and seller, warranties are an important part of any commercial transaction. It is well established that the Uniform Commercial Code (the “UCC”) will imply certain warranties into some contracts unless they are sufficiently disclaimed. Take, for example, the warranty of merchantability. Section 2-314 of the UCC provides that “a
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Understanding the Home State Exception to CAFA’s Diversity Jurisdiction
The Class Action Fairness Act (“CAFA”), enacted in 2005, expanded federal jurisdiction over class actions. However, CAFA contains some exceptions, or instances when a federal court may not exercise jurisdiction. One such exception is the “home state exception,” which requires a district court to decline to exercise jurisdiction if two-thirds or more of the members…
OSHA Penalties: Up, Up, and Away!
Considerations for Employers as OSHA Penalties Soar to New Heights The U.S. Department of Labor recently announced inflation-adjustment increases in penalties for violating regulations promulgated by DOL agencies, including the Occupational Safety and Health Administration (OSHA).[1] Now more than ever, employers should consider when and why it makes sense to challenge any OSHA…
When Fair Notice Precludes Punitive Damages
THE FOLLOWING ARTICLE WAS WRITTEN BY MITCHELL K. MORRIS AND WAS PUBLISHED IN LAW360 ON JANUARY 18, 2022. CLICK HERE TO VIEW THE ARTICLE ON LAW360’S EXPERT ANALYSIS SECTION. The ongoing pandemic seems to have done little to slow the continued proliferation of novel theories of tort liability in 2021. Headline-grabbing developments include: A federal jury’s verdict…
Recent Developments in the “Right to Repair” Movement
Motor Vehicles In 2020, Massachusetts voters considered “Question 1” in their state election which sought to amend a 2012 Right to Repair law requiring automakers to expand access to mechanical and electronic repair data. Beginning with model year 2022, the law requires manufacturers of motor vehicles sold in Massachusetts to equip vehicles that use telematics…
Job-Seeking Posers Found to Have Standing to Challenge “Unauthorized Access” Statute
Activists have standing to challenge a state law that prohibits unauthorized access to businesses for the purpose of sending undercover informants to apply for jobs, the United States Court of Appeals for the Eighth Circuit recently ruled. In Animal Legal Defense Fund v. Vaught, 8 F. 4th 714 (8th Cir. 2021), several animal rights groups…
Job-Seeking Posers Found to Have Standing to Challenge “Unauthorized Access” Statute
Activists have standing to challenge a state law that prohibits unauthorized access to businesses for the purpose of sending undercover informants to apply for jobs, the United States Court of Appeals for the Eighth Circuit recently ruled. In Animal Legal Defense Fund v. Vaught, 8 F. 4th 714 (8th Cir. 2021), several animal rights groups…
Is the “Right to Repair” Gaining Momentum?
We previously covered the emergence of the so-called “Right to Repair” legislative movement, which seeks to allow consumers the right to modify and repair their own electronic devices, rather than relying on the manufacturer to make or authorize repairs with proprietary products. The movement has gained the support of several lawmakers in the United States,…
Is the “Right to Repair” Gaining Momentum?
We previously covered the emergence of the so-called “Right to Repair” legislative movement, which seeks to allow consumers the right to modify and repair their own electronic devices, rather than relying on the manufacturer to make or authorize repairs with proprietary products. The movement has gained the support of several lawmakers in the United States,…
SCOTUS reaffirms standing requires “a harm traditionally recognized as providing a basis for a lawsuit in American courts,” casting further doubt on the viability of lawyer-driven claims.
Recently, we have written about the “entrepreneurial model” of lawyer-driven class actions and how a case’s entrepreneurial features can give rise to various defenses, including lack of standing. As we’ve explained, where there is evidence that the “injury” underlying a class action (or any action, for that matter) was effectively “manufactured” by…