Tim Hortons Franchisee Row Moves South of the Border
Author: Marina Strauss
Publication: The Globe and Mail
Posted on Blog October 27, 2015
In a recent decision by Judge Patricia A. Seitz of the U.S. District Court for the Southern District of Florida, the Court found that the Magnuson-Moss Warranty Act does not apply to warranties that arise outside of the United States. Stein v. Marquis Yachts, LLC, No. 14-24756-CIV, 2015 WL 3440163, at *3 (S.D. Fla. May 27, 2015). This finding is in direct conflict with a decision in Barnext Offshore, Ltd. v. Ferretti Grp. USA, Inc., No. 10-23869-CIV, 2012 WL 1570057 (S.D. Fla. May 2, 2012). In that case, brought in the same court, Judge Altonaga expressly found that the statute does apply to exports. Id. at 14. Therefore, when filing a claim under the federal warranty statute in the Southern District of Florida, keep in mind the judge assigned to the case.
Gabriel E. Estadella