Gass Turek successfully obtained a dismissal on the pleadings of a case seeking extensive damages against a luxury boat manufacturer. The plaintiff asserted product defect and breach of warranty claims against our client manufacturer and its retailer after a fire broke out on the boat. However, Gass Turek attorney Rich Orton moved to dismiss, arguing that the limited warranty required any claims or controversies concerning the boat to be subjected to binding arbitration, and even if one or more claims were not subject to arbitration, the choice of venue provision made litigation in Wisconsin circuit court impermissible. The court agreed and dismissed all claims against the manufacturer.
