• Canfield v. FCA US LLC

    Publication Date: 2019-03-20
    Practice Area: Products Liability
    Industry: Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Jeffrey S. Goddess and P. Bradford deLeeuw, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Nicholas A. Migliaccio and Jason S. Rathod, Migliaccio & Rathod LLP, Washington, DC for plaintiff.
    for defendant: Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Kathy A. Wisniewski and Stephen A. D'Aunoy, Thompson Coburn LLP, St. Louis, MO for defendants.

    Case Number: D68496

    Implied warranty claims not dismissed where defendant allegedly engaged in active concealment of defect, which tolled the limitations periods, and where air-outs on the tires on plaintiffs' vehicles established their potentially non-merchantable condition and put defendant on notice when plaintiffs brought their vehicles in for service.