Bourque v. City of Yonkers

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that Honda’s statements that its motorcycle was “unbelievably smooth, quiet, and vibration-free” and “in a class of its own” were “textbook puffery and mere opinion” (citation modified)
• holding, under Florida law, that claims for negligent misrepresentation in the products liability context are barred by the economic loss rule when the allegations are that the product did not meet the customer’s expectations
• dismissing negligent misrepresentation claim because it “is dependent on the same fundamental allegations contained in the breach of warranty claim”
• dismissing negligent misrepresentation claim under Florida law as barred by the economic loss doctrine
• “Florida courts have relaxed the contractual privity requirement where the express warranty was intended to benefit subsequent owners.” (citations omitted)
• “Statements made in promotional materials, advertisements, and brochures may be sufficient to create an express warranty if the buyer relies on those statements in making his purchase.”

Source: CourtListener parenthetical corpus (CC0).