Garmin To Face Majority Of Claims In Faulty Battery Suit
By Juan Carlos Rodriguez (January 24, 2014, 3:15 PM EST) -- A Kansas federal judge on Thursday mostly rejected GPS navigation device maker Garmin International Inc.'s efforts to dodge a proposed class action alleging its Nuvi-brand devices are sold with faulty lithium ion batteries that fail prematurely, forcing consumers to pay hefty battery replacement fees.
Plaintiff Brian Meyers alleged the Olathe, Kan.-based company refuses to replace the batteries of devices even while they are still under warranty, and asserted claims of violations of the Kansas Consumer Protection Act, breach of express and implied warranty, and unjust enrichment. All of those claims survived Garmin's motion to dismiss.
The only claim the company successfully...
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