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:
||28 U.S.C. § 1332
|Jury Demanded By:
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|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)
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