Motor Boat Action Hits Shoals Over Triability Issues

Law360, New York (May 21, 2009, 12:00 AM EDT) -- Citing issues of triability, a federal judge has sunk a product liability action by decertifying a class of plaintiffs accusing Caterpillar Inc. of breach of express warranty over the failure of motor boat engine parts.

Judge Arthur J. Tarnow of the U.S. District Court for the Eastern District of Michigan on Thursday granted Caterpillar's motion to decertify the class and gave the parties until June 8 to notify class members of the decertification.

Named plaintiff James W. Jaikins III may still bring an individual case, the...
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