Paris Limousine of OK, LLC v. Executive Coach Builders, Inc., No. 16-3636 (8th Cir. 2017)
Annotate this CaseParis Limousine filed suit against Executive Coach, alleging that limousines it purchased from Executive Coach were in breach of warranty. The Eighth Circuit reversed the district court's dismissal of the complaint, holding that Paris Limousine brought its express warranty claim under Missouri law, which authorizes private enforcement actions for breaches of express warranties. The National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act), 15 U.S.C. 1381 et seq., and the Federal Motor Vehicle Safety Standards did not affect Executive Coach’s potential liability under Missouri law for breach of its express warranty. The court also held that Executive Coach had not met its burden to demonstrate that conflict preemption applied, and that Paris Limousine had alleged legally cognizable damages.
Court Description: Kelly, Circuit Judge, with Murphy and Gruender, Circuit Judges] Civil Case - diversity. Dismissal of complaint alleging a breach of express warranty to enforce a statutory safety standard under the Federal Motor Vehicle Safety Standards that does not provide a private right of action is reversed. Complaint alleged a violation of state law for breach of express warranty, and the FMVSS and Safety Act do not affect the potential liability under Missouri law for breach of its express warranty. Claim of conflict preemption failed and allegations of cognizable damages were sufficiently plead.
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