Legal Opinion
Mike Gines v. D.R. Horton, Incorporated
Court of Appeals for the Fifth Circuit
Decided October 17, 2012No. 12-30183PublishedCited by 280 opinions
1Opinion of the Court
KING, Circuit Judge:
This case concerns the remedy under Louisiana law for the purchaser of a newly constructed home with a construction defect that has not resulted in actual physical damage to the home. We are presented with two questions. First, we are asked to decide whether the Louisiana New Home Warranty Act provides the exclusive remedy against a builder for a purchaser of a newly constructed home with a construction defect. Second, we are asked to decide whether a claim brought under the Act must allege that the defect in question resulted in actual physical damage to the home. We…
2Cases cited20 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
- Scanlan v. Texas A&M UniversityCourt of Appeals for the Fifth Circuit · 2003
- Pumphrey v. City of New OrleansSupreme Court of Louisiana · 2006
15 more not listed; retrieve them via the Exa API.
3Cited by280 opinions
- Alexander Edionwe v. Guy BaileyCourt of Appeals for the Fifth Circuit · 2017
- Bosarge v. Mississippi Bureau of NarcoticsCourt of Appeals for the Fifth Circuit · 2015
- JohnJay Portillo v. Gregory CunninghamCourt of Appeals for the Fifth Circuit · 2017
- David Thompson v. Bank of America N.A., etCourt of Appeals for the Fifth Circuit · 2015
- Jodie Kelly v. Paul RembachCourt of Appeals for the Fifth Circuit · 2017
275 more not listed; retrieve them via the Exa API.