Wednesday, July 22, 2009

Court Decisions: Sealed Container Defense Rejected in AL as to Retailers

News regarding an Alabama Supreme Court decision, and cases are before the Court on a certified question from the United States District Court for the Northern District of Alabama. The USDCT concluded that it was not clear under Alabama law whether claims alleging the breach of the implied warranties of merchantability and fitness for a
particular purpose are subject to the defense of the sealed-container doctrine.

Supreme Court held that they were not. Opinion here.