Showing 2 posts from October 2013.

Implied Warranty of Merchantability

In subrogation actions, another common avenue of recovery is breach of the implied warranty of merchantability. An implied warranty of merchantability means that by selling a product, a merchant is implying that the product is reasonably fit for the general purpose it is sold for. If the product did not perform its general purpose or is not otherwise reasonably fit, the good is “unmerchantable” – one of the six elements of proving a breach of implied warranty of merchantability. Read More ›

A New Standard for Setting Aside Jury Verdicts: Merit-Based Review

Until recently, Texas appellate courts had broad discretion in setting aside a jury’s verdict, and the courts’ reasoning was permitted a good degree of mystery. Read More ›