United States:
Law360 Publishes Vignali Article on Successor Firm's Warranty Obligations
01 November 2016
Wilson Elser Moskowitz Edelman & Dicker LLP
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Rosario M. Vignali (Partner-White Plains) authored
"Revisiting the Post-Sale Duty to Warn," which appeared
in the October 18, 2016, issue of Law360. In a case
involving an automobile defect, the court denied a motion for
summary judgment brought by the post-bankruptcy successor to the
car's actual manufacturer, noting, for example, that the
successor had assumed warranty obligations to its customers when it
entered into the 2009 sales agreement with old firm. According to
Russ, "The cautious product manufacturer must keep abreast of
developments in the state of the art and ... with the assistance of
seasoned counsel, the manufacturer may identify circumstances that
require a post-sale duty to warn."
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