Daily Case Update Archive

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Jan. 31, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Breach of express and implied warranties
- Sentencing Guidelines
 

Ohio Supreme Court

 

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First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

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U.S. Sixth Circuit Court of Appeals: Other States Cases

 

Pack v. Damon Corp (January 31, 2006) (Appeal from E.D. Michigan)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0042p-06.pdf
-   This case involves state and federal claims for breach of express and implied warranties on a 2002 Damon Intruder Motor Home ("the motor home" or "the RV") manufactured by Defendant-Appellee Damon Corporation ("Damon") and purchased by Plaintiff-Appellant Alvery Pack. Primarily the parties dispute whether defects in the motor home continued to exist during the period under warranty, whether the claimed defects were covered under Damon's warranty, and the length of time the motor home was out of service for repairs. Pack appeals the district court's order granting Damon's motion for summary judgment on his express- and implied-warranty claims under both state law and the Magnuson Moss Warranty Act ("MMWA"), as well as his claims under the Michigan Consumer Protection Act ("MCPA"). On appeal, Pack argues that the district court erred in granting summary judgment in favor of Damon (1) as to his state-law express-warranty claim because the evidence he has put forth creates a question of fact as to Damon's failure to cure defects under warranty and as to the failure of the essential purpose of the warranty because Damon failed to make repairs within a reasonable time; and (2) as to his state-law implied-warranty claim because Michigan law does not require privity to maintain an implied-warranty claim against a remote manufacturer. Pack further asserts that if this court reverses on either of these claims, it will be necessary to reverse the dismissal of his MMWA and MCPA claims. For the reasons set forth below, we REVERSE IN PART the district court's judgment with regard to the express-warranty claim and REVERSE the district court's judgment with regard to the implied-warranty claim. We REMAND to the district court for further proceedings consistent with this opinion.
 
USA v. Williams (January 31, 2006) (Appeal from W.D. Tennessee)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0043p-06.pdf
-  Leonard Jermain Williams pleaded guilty to possessing firearms after having been convicted of a felony, in violation of 18 U.S.C. § 922(g). The district court sentenced him, and Williams now asks this court to vacate the sentence as unreasonable. Because the district court reasonably sentenced Williams, we affirm. 
 

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