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· 6/28/2017

United States v. Lizardi-Maldonado

Citations

  • 275 F. Supp. 3d 1284

How courts have described this case

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

  • explaining that damages for breach of an express warranty is “the remedy for a buyer who has accepted defective goods”
  • explaining that the Court \strongly discourage[s] the use of an attorney-fee application as an invitation to become mired in a second round of litigation\
  • applying UCC principles to a consumer fraud case and concluding that the cost of replacing a damaged carpet was the appropriate measure of damages, as that method put the buyer in the position he would have been in if he had received a non-defective carpet
  • “Merchants draw consumers into their stores by holding sales events . . . that promise the regular value of a product at a reduced price.”
  • “The [CFA] is remedial legislation that we construe liberally to accomplish its broad purpose of safeguarding the public.”
  • \[A] plenary hearing should be conducted only when the certifications of counsel raise material factual disputes that can be resolved solely by the taking of testimony.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Furse

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.