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· 1/19/2016

Keeler v. City of Hampton

Citations

  • 628 F. App'x 206

How courts have described this case

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

  • recognizing that in order to state a claim for a breach of an express warranty in New York, a plaintiff must plead “that an express warranty existed, was breached, and that [the plaintiff] had relied on that warranty”
  • dismissing design defect claim where complaint \plead the legal conclusion\ that the risks of using a prescription drug outweighed the benefits instead of \facts identifying\ the drug's design defect
  • applying New York law, plaintiff must “plead facts identifying [drug’s] design defect,” not “merely plead[] the legal conclusion that the [drug] was defective”
  • applying New York law, plaintiff must “plead facts identifying [drug’s] design defect,” not “merely plead[] the legal conclusion that the [drug] was defective”
  • applying New York law, plaintiff must “plead facts identifying [drug’s] design defect,” not “merely plead[] the legal conclusion that the [drug] was defective”
  • applying New York law, plaintiff must “plead facts identifying [drug’s] design defect,” not “merely plead[] the legal conclusion that the [drug] was defective”

Source: CourtListener parenthetical corpus (CC0).

Judges: Agee, Floyd, Wynn

Read full opinion on CourtListener

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.