Product Liability Update

Component-Part Manufacturers Are Not Required to Indemnify Retail Sellers Under California’s Song-Beverly Consumer Warranty Act Unless Express Warranty Is Provided

By Chariese Solorio, Sarah M. Nakamoto, and Anthony Pimentel* The California Court of Appeal in Mega RV Corp. v. HWH Corp. (2014) 225 Cal.App.4th 1318 held that component-part manufacturers are not obligated to indemnify retail sellers under California Code of Civil Procedure section 1792 of the California Song-Beverly Consumer Warranty Act (the “Act”) unless they […]

| 3 min read
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California Supreme Court Clarifies Possible Lemon Law Damages

By Chariese Solorio, Sarah M. Nakamoto, and Olivia LaCasto* In Kirzhner v. Mercedes-Benz USA, LLC (2020) 9 Cal.5th 966, the California Supreme Court expanded the possible damages that are recoverable under the Song-Beverly Consumer Warranty Act (the “Act”) to include registration renewal and nonoperation fees as incidental damages if such fees were “incurred after the […]

| 3 min read
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California Supreme Court Limits Consumer Lemon Law Protection to Vehicles Purchased in California

By Sarah M. Nakamoto, Chariese Solorio, and Paige Sorensen* In Cummins, Inc. v. Superior Court (2005) 36 Cal.4th 478, 483, the California Supreme Court addressed the issue of “whether a buyer who resides in California may bring suit against a manufacturer under the [Song-Beverly Consumer Warranty] Act when the buyer purchased the vehicle in another […]

| 4 min read
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How to Protect and Secure Your Connected Devices

The Federal Bureau of Investigation is warning companies and the public to be aware of vulnerabilities that cybercriminals could exploit in connected devices, otherwise known as Internet of Things devices. We previously reported on what the Internet of Things is and some of its legal challenges. The Internet of Things is the universe of smart […]

| 3 min read
KW
Former Partner

Product Recall Trends in 2015

What are the latest trends on product recalls in the United States? Stericycle ExpertSOLUTIONS writes an interesting and informative quarterly report on this data, and its detail on the first quarter of 2015 is here. Consumer Products. The Consumer Product Safety Commission has been proactive in recent years with consumer product regulations and recalls, particularly […]

| 2 min read
KW
Former Partner

Product Recall Trends and How to Prepare for a Recall

Product recalls are more common than ever.  We see recall announcements virtually every week.  Consumers have come to expect them, and to expect that companies will act quickly and decisively when a product risk is identified. Most recalls today are voluntary and move very rapidly.  Here are some observations about 2013 recall trends. Pharmaceutical/Drug.  Pharmaceutical […]

| 4 min read
KW
Former Partner