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Implied Warranty

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Court of Appeals (Mich.) Says Lemon Law Plaintiff’s Continued Use of Vehicle After Revocation of Acceptance Renders the Revocation Ineffective

by Scott J. Hyman |

In Gomez v. Mercedes-Benz USA, LLC, 2018 WL 987398, at *6–7 (Mich.App., 2018), the Michigan Court of Appeals found that continued use of a vehicle after revocation of acceptance of non-conforming goods renders the revocation ineffective. Generally, if the buyer rejects the goods he is in possession of, he “is under a duty after rejection to hold them with reasonable… Read More

9th Circuit (Literally) Says Plaintiff Bought a Pig-in-a-Poke; Says District Courts Must Follow California’s Mexia Decision on Implied Warranty

by Scott J. Hyman |

In Daniel v. Ford Motor Co., 2015 WL 7740646, at *2-4 (9th Cir. 2015), the Court of Appeals for the 9th Circuit stated that "The focus of this case is whether Ford Motor Company sold the plaintiffs a pig in the poke."  Cute. But, they felt the need to footnote what the quote actually meant: The English colloquialisms such as… Read More