Constructora Mi Casita S de RI de CV v. NIBCO Inc.
Plaintiff: Constructora Mi Casita S de RL de CV
Defendant: NIBCO Inc.
Case Number: 3:2016cv00565
Filed: August 25, 2016
Court: US District Court for the Northern District of Indiana
Office: South Bend Office
County: XX Outside US
Presiding Judge: Joseph S Van Bokkelen
Presiding Judge: Michael G Gotsch
Nature of Suit: Contract Product Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
August 9, 2017 Opinion or Order Filing 48 OPINION AND ORDER GRANTING IN PART and DENYING IN PART 39 MOTION to Dismiss for Failure to State a Claim by Defendant NIBCO Inc. Count IV of the Second Amended Complaint is DISMISSED WITHOUT PREJUDICE. Count V of the Second Amended Complaint is DIS MISSED WITHOUT PREJUDICE. Plaintiff sufficiently alleged a breach of express warranty claim in Count I, but only as it relates to itself and not to the assignors. Plaintiff sufficiently alleged a breach of implied warranty of merchantability claim in Count II under a contract theory, but only as it relates to itself and not to the assignors. Plaintiff sufficiently alleged a strict liability claim under the Indiana Product Liability Act in Count III, including a request for damages to other property as it relates to the assignors. Plaintiff sufficiently alleged a claim for punitive damages. Signed by Judge Philip P Simon on 8/9/17. (cer)
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Plaintiff: Constructora Mi Casita S de RL de CV
Represented By: Sean T Devenney
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Defendant: NIBCO Inc.
Represented By: Edward B Ruff, III
Represented By: Michael P Turiello
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