Legal Opinion

Utica National Insurance Group ex rel. Pro Automotive Repair, Inc. v. BMW of North America, LLC

District Court, D. Massachusetts

Decided September 18, 2014No. Civil Action No. 14-11855-KPNPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER WITH REGARD TO DEFENDANT’S MOTION TO DISMISS COUNTS III AND IV (Document No. 11)

NEIMAN, United States Magistrate Judge.

This is a products liability action instituted by an insurance company, Utica National Insurance Group (“Utica”), as subro-gee for an automotive garage and sales company, Pro Automotive Repair, Inc. (“Pro Auto”), which allegedly sustained damages caused by what is claimed to have been a defective Mini Cooper manufactured and designed by the defendant, BMW of North America, LLC (“BMW”). Utica seeks redress for negligence (Count I), “[b]reach of…

2Cases cited33 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Albright v. OliverSupreme Court of the United States · 1994
  4. Ocasio-Hernandez v. Fortuno-BursetCourt of Appeals for the First Circuit · 2011
  5. Car Carriers, Inc. v. Ford Motor Company and Nu-Car Carriers, Inc.Court of Appeals for the Seventh Circuit · 1984

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3Cited by2 opinions

  1. Liberty Mutual Insurance Company v. ThurberDistrict Court, D. Massachusetts · 2022
  2. Walsh Construction Company v. Demtech, LLCDistrict Court, D. Massachusetts · 2020

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