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Section 998’s Cost-Shifting Provisions May Apply When Case Ends in Settlement

A divided court in Madrigal v. Hyundai Motor America (2023) 90 Cal.App.5th 385, as modified on denial of reh’g (May 9, 2023), review filed (June 20, 2023) recently held that the cost-shifting penalty provisions of California...more

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

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...more

Purchasers of Vehicles from Private Party Sellers Have No Standing Under the Song-Beverly Consumer Warranty Act

In Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, the plaintiff purchased a used vehicle in a private sale from the original purchaser. The vehicle had over 12,500 miles and two years left on its five-year express...more

California Supreme Court Clarifies Possible Lemon Law Damages

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...more

California Supreme Court Limits Consumer Lemon Law Protection to Vehicles Purchased in California

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...more

A Deeper Dive into FDA Draft Guidance on the Remanufacturing of Medical Devices

In the medical device industry, there exists a longstanding divide between device manufacturers (i.e., those who design, manufacture, fabricate, or process a finished device) and the third-party entities that service the...more

Increasing U.S. Software Developers’ Global Competitive Advantage: Bureau of Industry and Security Eases Export Administration...

Traditionally, United States software developers have struggled to compete globally due to strict export control and international trade laws. But since export control reform that began during President Obama’s...more

United States Supreme Court Tackles Personal Jurisdiction

Under current United States Supreme Court precedent, for a court to exercise personal jurisdiction over a manufacturer like Ford, the plaintiff must demonstrate that the court has either general or specific jurisdiction....more

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