· 2/14/2001
Paul Priebe v. Autobarn, Limited
Citations
- 240 F.3d 584
- 2001 U.S. App. LEXIS 2150
- 2001 WL 123827
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the fact that plaintiff continued to drive vehicle and drove it more than 30,000 miles negated merchantability claim under Illinois law
- noting the MMWA “does not provide an independent basis for liability; it only provides for federal jurisdiction for some state claims”
- applying the identical Illinois version of Section 2-314 and 28 affirming summary judgment for the defendant because the plaintiff continued to drive the allegedly defective vehicle for over 30,000 miles
- affirming dismissal of an Illinois implied warranty claim when Plaintiff claimed the car was “dangerous to drive” but “his actions belie[d]” that allegation because he continued to drive the car
- service contract sold by dealer did not prevent dealer from disclaiming implied warranties because the dealer was not bound to repair the car
- “In most cases under the ICFA, including this one, the seller’s knowledge or ignorance about the falsity of its representations is irrelevant.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Williams
Read full opinion on CourtListenerSourced 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.