We’re pleased to announce our success in defeating Tecan US, Inc.’s motion to dismiss our client’s case. Tecan, known for manufacturing scientific devices like the DreamPrep, a machine for automated sample processing in Next-Generation Sequencing, faces allegations including negligent misrepresentation, a manufacturing defect, and breach of warranty.
According to Tecan, the DreamPrep “offers unprecedented speed and accuracy for automated library preparation and quantification.” It also, according to Tecan, “creates sequencing-ready libraries in fully walkaway mode, or with minimal manual intervention.” Complaint, ¶ 14. As stated in the Complaint, a “series of issues with Express Gene’s DreamPrep unit would continue, and would reach a point where the unit was more of a hazard to Express Gene’s operations than anything else.” Complaint, ¶ 28.
Tecan contended that the plaintiff’s claims of negligent misrepresentation lacked specificity, asserting that its statements about the DreamPrep were merely opinions or “puffery”. Judge Richard E. Myers II, from the Eastern District of North Carolina, disagreed, and ruled that the plaintiff was justified in relying on Tecan’s representation of the capabilities of its product. Moreover—the court ruled—it would have been impossible for the Plaintiff to make any prior inspection of a highly sophisticated equipment pre-sale.
You can read the order here.
As stated by our attorney Ryan Sawal, Esq., “We’re very happy with the outcome. Our client invested hundreds of thousands of dollars in this equipment, only to find it worthless to him and his business. We view this ruling as a positive step towards resolving this dispute.'”
If you have experienced issues with Tecan’s equipment, or you need assistance with a breach of warranty case, contact one of our experienced commercial attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.
We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case]
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