David Anderson and Trent Collier successfully defend multi-million-dollar lawsuit against supplier.


David Anderson and Trent Collier successfully defended a supplier in a multi-million-dollar lawsuit under the Uniform Commercial Code. The plaintiff sold tarpaulins for semi-trucks and used the supplier’s laminate to coat the tarpaulins. The plaintiff claimed that the laminate didn’t work and sought millions of dollars in damages. David and Trent obtained an order granting summary judgment in the supplier’s favor. The U.S. District Court for the Eastern District of Michigan held that the buyer failed to provide timely notice of the alleged breach for one of the products at issue and that the supplier effectively disclaimed warranties for the other product. The plaintiff appealed the trial court’s ruling regarding the timeliness of its notice. The Sixth Circuit Court of Appeals ruled in the supplier’s favor in a 2-1 decision. It held that the plaintiff’s failure to provide timely notice was fatal to its claims under the Uniform Commercial Code.


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