Legal Opinion
Boelens v. Redman Homes, Inc.
Court of Appeals for the Fifth Circuit
Decided May 6, 1985No. Nos. 83-1467, 83-1821, 83-1867 and 84-1019PublishedCited by 163 opinions
1Opinion of the Court
WISDOM, Senior Circuit Judge:
In our original decision in this case, we held that personal injury claims arising solely from breach of warranty are not cognizable under the Magnuson-Moss Warranty Act (MMWA), 15 U.S.C. §§ 2301-2312 (1982); a plaintiff may, however, recover personal injury damages under the MMWA if he has pleaded and proved a violation of the substantive provisions of § 2308 (prohibiting disclaimer of implied warranties), § 2304(a)(2) (prohibiting full warrantors from limiting the duration of implied warranty coverage), or § 2304(a)(3) (prohibiting full warrantors from excluding…
2Cases cited28 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Richard E. Loux v. B. J. Rhay, WardenCourt of Appeals for the Ninth Circuit · 1967
- International Controls Corp. v. Robert L. Vesco, and Vesco & Co., Inc.Court of Appeals for the Second Circuit · 1977
23 more not listed; retrieve them via the Exa API.
3Cited by163 opinions
- Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
- Rockwell International Corp. v. United StatesSupreme Court of the United States · 2007
- De Aguilar v. Boeing Co.Court of Appeals for the Fifth Circuit · 1995
- West Run Student Housing Associates, LLC v. Huntington National BankCourt of Appeals for the Third Circuit · 2013
- King v. DoganCourt of Appeals for the Fifth Circuit · 1994
158 more not listed; retrieve them via the Exa API.