Edrington v. Bracken

How courts have described this case

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

• applying this rule where a plaintiff slapped “upon information and belief” in front of allegations from another complaint
• dismissing express warranty claim where “Plaintiff has not pleaded any facts regarding where, when, and how the alleged statements and promises regarding the [product] were made to him or his physicians by a representative of [the Defendant]” (emphasis in original)
• failure to allege when and how the alleged statements were made to plaintiff or her physicians defeats a claim for breach of express warranty
• breach of implied warranty claim requires proof of a defect, existing at the time of delivery, which proximately caused the claimed damages
• “Plaintiff has not pleaded any facts regarding where, when, and how the alleged statements and promises regarding the Durata lead were made to him or his physicians . . . .”
• denying sanctions where a plaintiff had largely copied another complaint

Source: CourtListener parenthetical corpus (CC0).