Clemens v. DaimlerChrysler
Appeal Court of Appeals for the Ninth Circuit, Case No. 06-56410

Tags No tags have been applied so far. Sign in to add some.
Last Updated September 11, 2016 at 8:34 AM DT (4.7 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

Nature of Suit 4385 - Property Damage-Product Liability
  Entries (4) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Legal Document (Payment Possibly Required) 32 Filed: 7/24/2008, Entered: None
MANDATE ISSUED.(WCC, JSB and RLH) Cost awarded to APPELLEE $189.60. (RR)
    Request RequestSpace LREF
    Legal Document (Payment Possibly Required) 31 Filed: 7/24/2008, Entered: None
    Filed order and amended opinion (WILLIAM C. CANBY, JAY S. BYBEE and ROGER L. HUNT). This court’s mandate of July 13, 2008, is RECALLED. The opinion of this court filed on June 19, 2008, slip op. at 7095, is amended as follows: 1. At slip op. at 7103, amend the second sentence of the first paragraph of Subsection B (beginning “In California, a plaintiff . . .”), so that it states: Under California Commercial Code section 2314, the implied warranty provision invoked by Clemens, a plaintiff asserting breach of warranty claims must stand in vertical contractual privity with the defendant. 2. At slip op. at 7104, amend the second-to-last textual sentence of Subsection B so that it states: Nonetheless, California courts have painstakingly established the scope of the privity requirement under California Commercial Code section 2314, and a federal court sitting in diversity is not free to create new exceptions to it. The amended opinion, incorporating these changes, follows. The mandate shall issue forthwith. (PH)
      Request RequestSpace LREF
      Legal Document (Payment Possibly Required) 30 Filed: 7/13/2008, Entered: None
      MANDATE ISSUED.(WCC, JSB and RLH) Cost awarded to APPELLEE $189.60. (RR)
        Request RequestSpace LREF
        Legal Document (Payment Possibly Required) 27 Filed: 6/19/2008, Entered: None Court Filing
        FILED OPINION (WILLIAM C. CANBY, JAY S. BYBEE and ROGER L. HUNT) AFFIRMED. [Affirmed;Terminated on the merits after oral hearing;Written, reasoned, signed, published; Judge: WCC Authoring, Judge: JSB On Panel But Did Not Write, Judge: RLH On Panel But Did Not Write]. FILED AND ENTERED JUDGMENT. (PH)
          Request RequestSpace LREF

          Statistics

          This case has been viewed 126 times.

          No comments have been added yet. Sign in to post a comment.
          Space
          Issues Laws Cases Pro Articles Firms Entities
          Issues Laws Cases Pro Articles Firms Entities
           
          PlainSite
          Sign Up
          Need Password Help?