McKee v. Gen. Motors LLC

How courts have described this case

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

• finding a “rational reason . . . exists to displace 1 Plaintiff has conceded the dismissal of his implied warranty claim. Michigan law” in class action brought by Florida resident who purchased vehicle in Florida
• “Plaintiff’s allegations of consumer complaints online or to the NHTSA are insufficient to support a finding of GM’s knowledge.”
• Civil Rule 9(b) requires a plaintiff to plead “‘the who, what, when, where, and how’ of the alleged omission.”
• “GM points to several non-binding district court decisions that have adopted GM's argument. It then asks the Court to adopt a misconstruction of the Warranty based on the other courts’ precedent.”
• “allegations based on GM’s internal records, communications with its dealerships or service technicians, and review of its warranty data are conclusory and insufficient because they do not plausibly allege that GM ‘knew of the defect prior to the time it distributed’ the Class Vehicles.”
• “[Defendant’s] argument is inconsistent with the Warranty’s plain language.”

Source: CourtListener parenthetical corpus (CC0).

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

• Ashcroft v. Iqbal
  Supreme Court· 2009-05-18· cited 149,772×
• Bell Atlantic Corp. v. Twombly
  Supreme Court· 2007-05-21· cited 146,720×
• Klaxon Co. v. Stentor Electric Manufacturing Co.
  Supreme Court· 1941-06-02· cited 8,668×
• Lewis v. Casey
  Supreme Court· 1996-06-24· cited 7,493×
• Amchem Products, Inc. v. Windsor
  Supreme Court· 1997-06-25· cited 4,991×
• Bassett v. National Collegiate Athletic Ass'n
  Sixth Circuit· 2008-06-09· cited 1,833×
• Ortiz v. Fibreboard Corp.
  Supreme Court· 1999-06-23· cited 776×
• Hensley Manufacturing, Inc. v. Propride, Inc.
  Sixth Circuit· 2009-09-03· cited 576×
• Beddall v. State Street Bank & Trust Co.
  First Circuit· 1998-03-02· cited 512×
• Cataldo v. United States Steel Corp.
  Sixth Circuit· 2012-04-13· cited 427×
• Republic Bank & Trust Company v. Bear Stearns & Company., Inc.
  Sixth Circuit· 2012-06-20· cited 241×
• Winnett v. Caterpillar, Inc.
  Sixth Circuit· 2009-01-27· cited 160×
• Josephine Spaulding v. Wells Fargo Bank, N.A.
  Fourth Circuit· 2013-04-19· cited 147×
• Sutherland v. Kennington Truck Service, Ltd
  Michigan Supreme Court· 1997-05-13· cited 101×
• McCabe v. American Honda Motor Co.
  California Court of Appeal· 2002-08-05· cited 60×
• Mesa v. BMW OF NORTH AMERICA, LLC
  District Court of Appeal of Florida· 2005-05-04· cited 58×
• In Re Packaged Ice Antitrust Litigation
  E.D. Michigan· 2011-03-11· cited 52×
• In Re Gen. Motors Corp. Anti-Lock Brake Products Liability Lit.
  E.D. Missouri· 1997-06-11· cited 50×
• National Hockey League Players Association v. Plymouth Whalers Hockey Club
  Sixth Circuit· 2005-08-15· cited 40×
• Beck v. FCA US LLC
  E.D. Michigan· 2017-08-11· cited 39×