Medical device breach of warranty 361

Breach of Warranty is another area of San Diego Persoanl Injury Law.

Weinstat v Dentsply International 180 Cal.App.4th 1213 (2010) (1/4) Class action decertified, reversed.  Class of dentists brought B&PC § 17200 claim for breach of warranty of a medical device. [1] For Prop 64 standing, class representatives, but not all class members, must show injury in fact.  [2] No requirement to showreliance as part of express warranty claim. [3] Trial court’s broad discretion to certify class does not encompass discretion to misstate or misapply the law.  Where no new evidence or law, then no discretion to decertify (Here an intervening court of appeal decision which was granted supreme court review and reversed–Tobacco II–thus returning the law to previous condition).  San Diego personal injury attorney

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