· 4/16/1914
Indiana Quarries Co. v. Simms
Citations
- 158 Ky. 415
- 165 S.W. 422
- 1914 Ky. LEXIS 636
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that UCL claim 6 must be dismissed under Mazza where the plaintiff conceded he did not purchase the product in 7 California
- explaining that express warranties must be “specific and unequivocal” and may not be vague statements
- explaining that “the complaint may not be amended by the briefs in opposition to a motion to dismiss” (quotation omitted)
- stating that “choice of law analysis is a fact-specific inquiry 26 which requires a more developed factual record than is generally available on a motion to dismiss”
- holding as “mere puffery” a tagline that appeared on every box of a product
- dismissing plaintiffs breach of implied warranty of particular purpose claim where the complaint only alleged that the plaintiff intended to use the product for its ordinary use
Source: CourtListener parenthetical corpus (CC0).
Judges: Hannah
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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