Judge: Failure To Provide Presuit Notification Fatal To Man’s Warranty Claims
Mealey's (November 9, 2015, 12:23 PM EST) -- JEFFERSON CITY, Mo. — A federal judge in Missouri on Nov. 6 dismissed with prejudice a man’s claims for breach of express warranty and breach of the implied warranty of merchantability against the manufacturer of cross-linked polyethylene (PEX) plumbing systems, finding that the plaintiff’s failure to provide the defendant company with a presuit notification was fatal to his claims (Sam Budach, et al. v. NIBCO Inc., No. 14-cv-04324-NKL, W.D. Mo.; 2015 U.S. Dist. LEXIS 150714).