Clayton X-Ray Co. v. Professional Systems Corp. (Intentional torts; vendor's self-help)

Family Drug Store of New Iberia v. Gulf States Computer (Honestly marketed but awkwardly designed = not a breach of contract..)

Rockport Pharmacy v. Digital Simplistics (Lost data doesn't qualify for negligence suit under the Economic Loss Rule.)

Transport Corporation of America v. IBM (Disk drive failure doesn't trigger economic loss rule or malpractice suit.)

Ritchie Enterprises v. Honeywell Bull, Inc., 730 F. Supp. 1045 (D. Kansas, 1990 -- Not yet online. Damage limitation; post-sale fraud.

Burroughs Corp. v. Hall Affiliates (Innocent misrepresentation.)

Princeton Graphics v. NEC, 732 F. Supp. 1258 (S.D.N.Y., 1990 -- Not yet online. Misleading advertising, unfair competition.

Compaq Computer Corp. v. Packard Bell Electronics -- Not yet online. Unfair trade practices; unfair competition. Compaq alleges that Packard Bell recycles returned, used components into "new" computers.

Winter v. G.P. Putnam's Sons (Content liability & 1st amendment.)

Alm v. Van Nostrand Reinhold (Content liability & 1st amendment.)

Orthopendic & Sports Injury Clinic v. Wang Labs, Inc. (Gross negligence trumps consequential damages exclusion.)

Occidental Chemical Corp. (Recent- gross negligence trumps consequential damages exclusion.)

Step-Saver Data Ssytems, Inc. v. Wyse Technology. (Shrink-wrap warranty disclaimers don't work.)

Arizona Retail Systems v. The Software Link., 831 F. Supp. 759 (D. Arizona, 1993 -- Not yet online. Same result as Step-Saver, different UCC analysis.

ProCD v. Zeidenberg.(Shrink-wrapped restriction on copying of uncopyrightable material held valid.)

Hill v. Gateway 2000(Mass-market arbitration clause upheld in shrinkwrap. Shrinkwrap software contracting pollutes the hardware sales world.)

Daughtrey v. Ashe Not yet online. No reliance requirement for seller's statements of fact. Documentation warranty.

The Bremen case. (First broad-based lessing of a forum selection clause.)

Carnival Cruise Lines v. Shute Mass-market cruise customers subject to adhesion contracts' forum selection clauses.

TRWL Financial v. Select International UCC contract formation questions still apply to forum selection clauses. This clause was rejected.

MAI v. Peak Software license can ban 3rd party support.

Louisiana AFL-CIO v. Lanier Business Products Contrast with Family Drug Stores. A customer who reasonably expects ease of use can sue for bad design..

Barazzatto v. Intelligent Systems, Inc. -- Not yet online. Retailer's liability; warranty of effort vs. warranty of fitness for use.

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The articles at this web site are not legal advice. They do not establish a lawyer/client relationship between me and you. I took care to ensure that they were well researched at the time that I wrote them, but the law changes quickly. By the time you read this material, it may be out of date. Also, the laws of the different States are not the same. These discussions might not apply to your circumstances. Please do not take legal action on the basis of what you read here, without consulting your own attorney.

Questions or problems regarding this web site should be directed to Cem Kaner, kaner@kaner.com, P.O. Box 1200, Santa Clara, CA 95052.

Last modified: Tuesday November 11, 1997. Copyright © 1997, Cem Kaner. All rights reserved.