Constructora Mi Casita S de RI de CV v. NIBCO Inc.
||Constructora Mi Casita S de RL de CV
||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
|Nature of Suit:
||Contract Product Liability
|Cause of Action:
|Jury Demanded By:
Access additional case information on PACER
Available Case Documents
The following documents for this case are available for you to view or download:
|August 9, 2017
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)
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the Indiana Northern District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?