Tag: implied warranty of merchantability

It’s not boilerplate, it’s part of the contract

What parties might consider "boilerplate" terms often have significant meaning, and a failure to read such terms carefully can lead to bad results. A Wisconsin case about a disclaimer of consequential damages by a supplier of contaminated meat that did not effectively disclaim all such damages is a good illustration of why.… Continue Reading

Froot Loops Litigation: An Endless Loop for Kellogg’s?

Just over forty years ago, Crosby, Stills, Nash & Young came out with their Déja Vu album. Attorneys at Kellogg USA are undoubtedly thinking, “We have all been here before.”  Froot Loops pre-dated Crosby, Stills, Nash & Young.  I remember taking the Kellogg’s factory tour in Battle Creek and being handed an individual-sized packet at the end … Continue Reading

Denny’s Sodium Claims in Illinois Tossed on FRCP 12(b)(6) Motion

As anticipated, the "sodium" claims against Denny’s asserted in federal district court in Illinois have been dismissed on a Federal Rule of Civil Procedure (FRCP) 12(b)(6) motion. A copy of the court’s order is here. As discussed previously in this blog, the Illinois action alleges claims of consumer fraud, breach of implied warranty of merchantability, unjust … Continue Reading
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