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Among the typical claims asserted in most consumer product class actions is breach of express warranty.  With a view toward nationwide class certification, many experienced class counsel believe they have their best chance for class certification due to the facial similarity of warranty laws nationwide.  In order to circumvent a time/mileage limitation in the warranty, class counsel often assert that the product “defect” existed at the time of sale, was hidden by the manufacturer and only “discovered” by the consumer after the expiration of the statute of limitations.  To further overcome this warranty-expiration defense, there is often a pleading that any warranty time limitation is unconscionable.

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Jeffrey Chase

Jeffrey Chase is a member of Herzfeld & Rubin, P.C. He is a graduate of Brown University and Brooklyn Law School, cum laude, where he was an Editor of the Brooklyn Law Review. He has been selected as a New York Super Lawyer for many years. He specializes in complex civil litigation, including class actions, product liability, mass tort and commercial litigation. He has served as lead defense counsel in many class actions, including MDL litigation.

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