Showing 4 posts in Warranty.

The Uniform Commercial Code May Not Be So Uniform After All: Looking to the U.C.C. as a Defense to Class Certification

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The Uniform Commercial Code (U.C.C.). You know the one. That sectioned charter originally enacted with the goal of unifying the laws governing sales and commercial transactions across all 50 states, the District of Columbia and the U.S. territories? The one that provides recommendations to the states as to the laws that each particular state should adopt? It turns out that –even for all of the states that have adopted the UCC--the “uniform” part of the Code’s title might just be a misnomer . . . and one that might actually provide a defense to businesses defending against class certification. More »

A Plug For Home Warranties

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“Can a home warranty fast track the sale of your home.”  A recent article in the Lodi (CA) News-Sentinel under the headline:  Some buyers see great value in home warranties. It’s refreshing to see an article associating a home warranty with value. Too often, home warranties, extended warranties and service contracts are portrayed — inaccurately — as a waste of money. More »

“Reptile” – Revolutionary Breakthrough or Good Old-fashioned Clever Lawyering?

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Proponents of the “Reptile Theory” claim it has produced $6 billion in jury verdicts and settlements for plaintiff’s in personal injury litigation since 2009. They say it derives from research by neuroscientists into brain organization and function, taps into jurors’ basic survival instinct, and “is revolutionizing the way the trial attorneys approach and win their cases.” While many doubt its scientific basis, defendants who have encountered the theory in litigation do not dispute its effectiveness.

So how to combat the Reptile? More »

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