0 results for 'Berger Montague'
Court declined to dismiss vehicle defect claims where plaintiffs sufficiently identified the nature of the defect and claimed losses beyond that which would be compensated through the manufacturer's recall program.
Vehicle purchasers' fraud claims against manufacturer failed where their evidence failed to permit an inference that the manufacturer had pre-sale knowledge of an alleged design or manufacturing defect in one of the vehicle's components, and where there was no allegation that the manufacturer knowingly concealed or misrepresented the alleged defect.
Handdown & Supplemental Lists released on:June 28, 2023
Claims Administrator Did Not Err by Denying Antitrust Action Claimant's Claims
Court declined to certify interlocutory appeal of dismissal of certain claims where an appeal would not materially advance litigation of the surviving claims and continued litigation would uncover evidence relevant to the dismissed claims.
The court granted a motion to dismiss in part in a class action matter filed by vehicle owners against an engine manufacturer and distributor.
Class Certification in ERISA Suit Vacated; Predominance Inquiry Did Not Analyze Defenses
Alternatives Proposed by ESOP Beneficiaries in Support of ERISA Prudence Claim Rejected Due to Uncertainties Regarding Company's Liability
Antitrust claims arising from alleged reverse payment agreements were timely under the statute of limitations where each alleged supracompetitive sale constituted a discrete act that started the limitations period for that sale.
Appellate Division, Second Department: December 10, 2021
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