Mind What You Say, Puffery Has Its Limits

Law360, New York (August 28, 2013, 10:35 AM EDT) -- Puffery is generally viewed as a nonbinding promise concerning the quality of goods (i.e., world's greatest hamburgers sold here). Puffery is not a new concept under Wisconsin law, but what constitutes puffery remains a frequently litigated issue.

In United Concrete & Construction Inc. v. Red-D-Mix Concrete Inc., 2013 WI 72, the Wisconsin Supreme Court not only further defined the limits of puffery but also instructed trial courts how to approach questions of puffery in cases before them.

United Concrete purchased certain batches of concrete from Red-D-Mix that United maintained were defective. Specifically, United claimed the concrete generated excessive "bleed water" that...

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