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· 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

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.