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· 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 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.