Smith v. LG Electronics USA, Inc.
United States District Court for the Northern District of California
83 UCC Rep. Serv. 2d 92 (2014)
More than a year after Laury Smith (plaintiff) bought an LG (defendant) washing machine advertised as high-efficiency with extra-high spin speeds, and after a safety recall repair altered the machine's capabilities, Smith sued for breach of implied warranties of merchantability and fitness for a particular purpose, though her initial complaints about noise and shaking arose immediately upon purchase without being raised at the time.
Whether, under state law, an action for breach of implied warranty may be brought either beyond the duration allowed for bringing an action for breach of express warranty, or beyond one year from the date the buyer purchased the product.