· 10/1/2009
Smith v. WM. WRIGLEY JR. CO.
Citations
- 663 F. Supp. 2d 1336
- 70 U.C.C. Rep. Serv. 2d (West) 434
- 2009 U.S. Dist. LEXIS 91699
- 2009 WL 3172771
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that FDUTPA makes “declaratory and injunctive relief available to a broader class of plaintiffs than could recover damages.”
- recognizing that privity may not be required for all express warranty claims
- holding, under circumstances similar to those presented in this case, that the plaintiff need not demonstrate privity in order to pursue a breach of warranty claim
- finding no privity requirement where “the express warranty the manufacturer allegedly breached is contained on the packaging of” the allegedly defective product
- describing the privity requirement in Florida express warranty 26 claims as “a moving target”
- describing the privity requirement under Florida warranty law as a “moving target”
Source: CourtListener parenthetical corpus (CC0).
Judges: James I. Cohn
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.