Legal Opinion

Softub, Inc. v. Mundial, Inc.

District Court, D. Massachusetts

Decided September 30, 2014No. Civil Action No. 12-10619-DPWPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

Plaintiff Softub, Inc. brought this action against Defendant Mundial, Inc. to recover damages allegedly caused , by Mundial’s sale of defective pumps to Softub for use in portable spa tubs it manufactured. The gravamen of Softub’s complaint is that Mundial marketed and sold to it a product that Mundial knew or should have known was not suitable for use in spa tubs like those manufactured by Softub, and in doing so breached various contractual obligations including warranties express and implied, in addition to making actionable…

2Cases cited43 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Danca v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1982
  4. Farmers Insurance Exchange v. RNK, Inc.Court of Appeals for the First Circuit · 2011
  5. Zimmerman v. KentMassachusetts Appeals Court · 1991

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3Cited by10 opinions

  1. Miller Inv. Trust v. Morgan Stanley & Co.District Court, District of Columbia · 2018
  2. Performance Indicator, LLC v. Once Innovations, Inc.District Court, D. Massachusetts · 2014
  3. AcBel Polytech, Inc. v. Fairchild Semiconductor International, Inc.District Court, D. Massachusetts · 2017
  4. C.A.I., Inc. v. Vitex Packaging Group, Inc.District Court, D. Massachusetts · 2015
  5. Friis v. McCarthyDistrict Court, D. Massachusetts · 2019

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