Campbell Conroy & O’Neil Obtains Partial Summary Judgment in Warranty Case in Connecticut Federal Court

May 2025

Curtis Berglund and Michelle Schaffer obtained an order granting partial summary judgment in a breach of warranty action in the United States District Court for the District of Connecticut. The plaintiff alleged nonconformities in their automobile and brought federal claims under the Magnuson Moss Warranty Act for breach of express and implied warranty through Connecticut’s Uniform Commercial Code (UCC).  The defense successfully argued that the UCC-based express warranty claim did not apply to the manufacturer’s “repair and replace” warranty, and that there was no genuine dispute that the vehicle was merchantable when sold. With the dismissal of the plaintiff’s federal claims, the court determined that it no longer had federal question jurisdiction to consider the remaining state law counts.