CNH Industrial America LLC appealed a lawsuit against it from the Western District of Pennsylvania to the Third Circuit Court of Appeals on Thursday. The
Agriculture
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March 15, 2021
CNH Industrial America LLC appealed a lawsuit against it from the Western District of Pennsylvania to the Third Circuit Court of Appeals on Thursday. The plaintiff in the lawsuit, Douglas Bieda, filed an implied warranty claim purporting that he had purchased a defective CNH crop planter causing him to have a diminished crop yield.
The Notice of Appeal reported that CNH was appealing the court’s decision to deny its Motion for Summary Judgment which was entered on February 9. In the Opinion, signed by Judge Maureen P. Kelly, the court ruled that “CNH’s disclaimer of implied warranty is procedurally and substantively unconscionable.”