Haier US Appliance Solutions Inc. won dismissal of multiple claims in a proposed class action over air emissions from gas stoves made by its GE Appliances unit, but must defend a claim of breach of implied warranty of merchantability.
Lead plaintiff Charles Drake’s implied warranty of merchantability claim survives Haier’s motion to dismiss “because a product that poses a material safety hazard when used as intended is unmerchantable,” Judge Araceli Martinez-Olguin of the US District Court for the Northern District of California ruled.
Drake alleged Haier misleads consumers into believing gas stoves are generally safe when, in reality, every gas-fueled ...
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