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Whether a Claim of Implied Warranty to Repair is Actionable in Common Law as well as the DTPA

In Nghiem v Sajib, 567 S.W. 3rd 718 (Tex. 2019), two passengers on an airplane were injured in a crash and sued the entity that had recently repaired it. One of the passengers sued after the DTPA's 2 year statute of limitations, claiming to sue under the common law for implied warranty to repair. The Texas Supreme Court determined that there was a common law action for implied warranty t repair, overrulling the lower courts in this case.

Read the full case note of the student editor HERE.

Read the case HERE.