T.W.M. v. American Medical Systems, Inc.

1 Citing case

  1. Garcia v. Kashi Co.

    43 F. Supp. 3d 1359 (S.D. Fla. 2014)   Cited 44 times   2 Legal Analyses
    Holding that privity is required to state a claim for express warranty if "it could be assumed that the end-purchaser might expect the seller or ‘middle man’ to have relevant knowledge, or even expertise, regarding the manufacturer's product"

    Specifically, they argue that Plaintiffs allege that they bought the products from Publix, Whole Foods, and Trader Joe's supermarkets, and argue that Florida law requires privity of contract with the defendant in order to recover on express and implied warranty claims. (Id. (citing T.W.M. v. Am. Med. Sys., Inc., 886 F.Supp. 842, 844 (N.D.Fla.1995) ; Weiss v. Johansen, 898 So.2d 1009, 1011 (Fla.Dist.Ct.App.2005) ).) Defendants further argue that the express warranty claim must be dismissed because Plaintiffs failed to allege that Defendants made statements amounting to “an affirmation of fact or promise.”