Constructora Mi Casita S de RI de CV v. NIBCO Inc.
| Constructora Mi Casita S de RL de CV |
| NIBCO Inc. |
| 3:2016cv00565 |
| August 25, 2016 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| XX Outside US |
| Joseph S Van Bokkelen |
| Michael G Gotsch |
| Contract Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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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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