Would-be class plaintiffs sufficiently stated warranty and consumer-protection claims to survive dismissal, even though the outboard motors at the center of the suit haven’t failed, a federal court in Florida ruled (James v. Yamaha Motor Corp., U.S.A., S.D. Fla., 1:15-cv-23750, 5/31/16).
The plaintiffs effectively alleged a defect in their Yamaha Motor Corp. boat motors, which were the subject of two technical bulletins and a recall, the U.S. District Court for the Southern District of Florida said May 31.
They allegedly experienced the defect “because they had to present their motors for repair and they will have to ...
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