New Texas Auto Auction Services, L.P. v. Gomez De Hernandez

How courts have described this case

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

• holding that commercial auctioneers do not place, but merely facilitate the placement of, products in the stream of commerce
• holding that auctioneer did not create dangerous situation by selling defective vehicle
• as-is clause in auctioneer’s contract to sell car precluded claim against auctioneer by purchaser, but court did not address purchaser’s action against manufacturer, as that claim had been severed
• as-is clause in auctioneer’s contract to sell car precluded claim against auctioneer by purchaser, but court did not address purchaser’s action against manufacturer, as that claim had been severed
• explaining consumers normally expect product manufacturers to “stand behind” product
• acknowledging the widespread adoption of section 402A by American courts

Source: CourtListener parenthetical corpus (CC0).