Legal Opinion

Datamatic, Inc. v. International Business Machines Corp.

Court of Appeals for the Fifth Circuit

Decided July 28, 1986No. 85-4527PublishedCited by 3 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

Invoking the Louisiana civil-law doctrine of redhibition, La.Civ.Code art. 2520, a purchaser of second-hand computer equipment sued the computer manufacturer to recover purely economic losses resulting from alleged defects in the equipment. The manufacturer defended on the ground that its *460sales contracts with the original purchasers of the computer equipment included warranty limitations restricting its liability. The district court granted summary judgment for the manufacturer. While the Louisiana cases hold that a buyer who purchases a used product from one who…

2Cases cited37 opinions

  1. Weber v. Fidelity & Casualty Insurance Co. of NYSupreme Court of Louisiana · 1971
  2. Rey v. CucciaSupreme Court of Louisiana · 1974
  3. Alexander v. Burroughs Corp.Supreme Court of Louisiana · 1978
  4. Media Production Consultants, Inc. v. Mercedes-Benz of North America, Inc.Supreme Court of Louisiana · 1972
  5. Prince v. Paretti Pontiac Company, Inc.Supreme Court of Louisiana · 1973

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3Cited by3 opinions

  1. Gulf States Utilities Co. v. NEI Peebles Electric Products, Inc.District Court, M.D. Louisiana · 1993
  2. Southwest Louisiana Hospital Ass'n v. BASF Construction Chemicals, LLCDistrict Court, W.D. Louisiana · 2013
  3. Datamatic, Inc. v. International Business MacHines CorporationCourt of Appeals for the Fifth Circuit · 1986

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