Case Updates
Ninth Circuit denies rehearing to certify implied warranty case to California Supreme Court
January 08, 2016
The petition for rehearing was denied.
U.S. Chamber urges the Ninth Circuit to grant rehearing to certify implied warranty case to California Supreme Court
December 23, 2015
In its brief, the U.S. Chamber supported rehearing to certify to the California Supreme Court the question of whether an implied warranty claim may be based on a defect that surfaces more than one year after the sale of a consumer product, the limitations period provided in the Song-Beverly Consumer Warranty Act.
The Chamber’s brief argued that the Ninth Circuit erred in relying on an outlier decision of a California court, in direct conflict with Song-Beverly’s legislative history, and that allowing a breach of implied warranty claim based on a latent defect not manifest during the warranty period would defeat Song-Beverly’s scheme.
Jeremy B. Rosen, Peder K. Batalden, and John A. Taylor, Jr. of Horvitz & Levy LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Decided 12/2/2015.
Petition for rehearing filed 12/16/2015.
U.S. Chamber amicus brief filed 12/23/2015.
Order denying rehearing filed 1/8/2016.
Case Documents
- Appellants' Opening Brief -- Daniel v. Ford (Ninth Circuit).pdf
- Appellee's Brief on Appeal -- Daniel v. Ford (Ninth Circuit).pdf
- Appellants' Reply Brief -- Daniel v. Ford (Ninth Circuit).pdf
- Opinion -- Daniel v. Ford (Ninth Circuit).pdf
- Petition for Panel Rehearing or for Rehearing En Banc -- Daniel v. Ford (Ninth Circuit).pdf
- U.S. Chamber Amicus Brief -- Daniel v. Ford (Ninth Circuit).pdf
- Order Denying Rehearing -- Daniel v. Ford (Ninth Circuit).pdf