breach of warranty claim (Wisconsin) · Go Syfert
← Wisconsin issues

breach of warranty claim in Wisconsin

8 Wisconsin opinions name it 2 courts 1991–2007 0 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Moransais v. Heathmangreen
fla · 1999 · cited in 1 Wisconsin opinions naming this issue, 2002–2002
1 sentence

2002We note, however, that the Casa Clara holding was called into doubt by a later Florida case, Moransais v. Heathman, 744 So. 2d 973, 981 (Fla. 1999). 1 The second amended complaint named nineteen additional defendants, none of whom is a party to this appeal. 2 In addition to asserting the economic loss doctrine, Jeld-Wen's summary judgment motion also challenged the Association's lack of standing and maintained that the breach of warranty claim was prohibited by its express warranty.

11
Northridge Co. v. W.R. Grace & Co.green
wis · 1991 · cited in 1 Wisconsin opinions naming this issue, 1998–1998
2 sentences

1998See Northridge, 162 Wis. 2d at 926 , 471 N.W.2d at 182 .

1998See Northridge, 162 Wis. 2d at 926 , 471 N.W.2d at 182 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Saladino v. Team Chevrolet, Inc. green
illappct · 1993
1 sentence

2007CARS also claims that "[s]tanding alone a mere breach of a service contract alone falls well short of establishing a claim under the Act" and cites Saladino v. Team Chevrolet, Inc., 611 N.E.2d 583 (Ill. *795 App. Ct. 2d Dist. 1993), for the proposition that "Illinois courts have recognized that a breach of a service contract is not actionable as a breach of warranty claim under the Magnuson[-]Moss Act." This, however, is not what Saladino held.

12007–2007
Valenti v. Mitsubishi Motor Sales of America, Inc. green
illappct · 2002
2 sentences

2005In addition, the court stated that damages for a breach of warranty claim are calculated "on the date of the breach." Valenti, 773 N.E.2d at 1203 .

2005In addition, the court stated that damages for a breach of warranty claim are calculated "on the date of the *56 breach." Valenti, 773 N.E.2d at 1203 .

12005–2005
Hartrick v. Great American Lloyds Insurance Co. green
texapp · 2001
1 sentence

2004Co., 62 S.W.3d 270 (Texas App. 2001) (plaintiff sued for breach of warranty and negligent performance in preparing the soil and constructing a building, and the jury found for the plaintiff on the breach of warranty claim, but not on the negligence claim).

12004–2004
State Farm Mutual Automobile Insurance v. Ford Motor Co. green
wis · 1999
1 sentence

2004Id.

12004–2004
Grams v. Boss green
wis · 1980
2 sentences

1992Grams, 97 Wis. 2d at 338 , 294 N.W.2d at 476 .

1992Grams, 97 Wis. 2d at 338 , 294 N.W.2d at 476 .

11992–1992
Sunnyslope Grading, Inc. v. Miller, Bradford & Risberg, Inc. green
wis · 1989
2 sentences

1991We held in Sunnyslope Grading, Inc. v. Miller, Bradford & Risberg, Inc., 148 Wis. 2d 910, 921 , 437 N.W.2d 213 (1989), that "a commercial purchaser of a product cannot recover solely economic losses from the manufacturer under negligence or strict liability theories, particularly . . . where the warranty given by the manufacturer specifically precludes the recovery of such damages." 4 The defective product in Sunnyslope was a backhoe, a piece of construction equipment.

1991We held in Sunnyslope Grading, Inc. v. Miller, Bradford & Risberg, Inc., 148 Wis. 2d 910, 921 , 437 N.W.2d 213 (1989), that "a commercial purchaser of a product cannot recover solely economic losses from the manufacturer under negligence or strict liability theories, particularly . . . where the warranty given by the manufacturer specifically precludes the recovery of such damages." 4 The defective product in Sunnyslope was a backhoe, a piece of construction equipment.

11991–1991

Statutes the citing opinions construe

WI § Wis. Stat. § 802.08 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 50 (1985–2024) NY 39 (1975–2025) MA 25 (1983–2022) IL 24 (1982–2024) PA 20 (1964–2022) AL 19 (1976–2018) MI 18 (1979–2024) CA 17 (1974–2025) DE 10 (1978–2023) MD 9 (1994–2013) MN 9 (1969–2017) WI 8 (1991–2007) NJ 8 (1980–2020) GA 8 (1985–2020) MS 8 (1996–2018) KY 8 (1991–2017) AR 7 (1989–2012) UT 7 (1988–2021) OH 7 (1999–2014) OR 6 (1982–2024) CT 6 (1992–2002) CO 6 (1984–2020) IA 6 (1989–2026) NC 5 (1993–2019) IN 5 (1983–2020) WY 5 (1986–2011) SD 5 (1986–2012) MO 5 (2005–2017) VA 4 (2001–2011) WA 4 (1988–2020) KS 3 (1907–1998) OK 3 (1966–2005) NM 3 (2003–2015) NH 2 (2000–2018) VT 2 (1995–2011) ME 2 (1982–2020) ND 2 (1992–1998) FL 2 (1999–2022) MT 2 (1993–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check