The Fate of American Democracy May Depend on the Willingness of Democratic Governors to Fight Fiercely after the November 3 Election

AUSTIN SARAT, DANIEL B. EDELMAN

In anticipation of a contested election outcome in November, Amherst College Associate Provost Professor Austin Sarat and attorney Daniel B. Edelman call upon Democratic governors to forward a slate of electors that reflects the preference of the greatest number of voters in their states, regardless of what their legislatures might do. Sarat and Edelman argue that the fate of American democracy may depend on these governors.

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Northland Industries, Inc. v. Kouba

Docket: 19-0835

Opinion Date: October 23, 2020

Judge: Eva Guzman

Areas of Law: Consumer Law

In this dispute arising from a fatal treadmill injury, the Supreme Court held that the entity that purchased the treadmill manufacturer's assets did not assume an implied warranty of merchantability that attached, and was not disclaimed, when the manufacturer sold the treadmill. The Seller in this case manufactured and sold treatments. The Buyer purchased the Seller's assets and assumed certain of its liability and obligations, as identified in the asset-purchase agreement. While using a treatment the Seller had previously sold to a gym, Audrey Kouba fell and sustained fatal injuries. Kouba's heirs sued the Buyer for negligence, strict liability, and breach of the implied warranty of merchantability. The trial court granted summary judgment for the Buyer on all claims. The court of appeals reversed as to the implied warranty of merchantability claim, holding that, under the asset-purchase agreement's terms, the Buyer assumed liability for implied warranties. The Supreme Court reversed, holding (1) an asset purchaser inherits none of the asset seller's liability absent an agreement to do so; and (2) based on the plain and unambiguous language of the asset-purchase agreement, the Buyer's express assumption of the written warranty for repair or replacement of defective treatment parts was not an assumption of the implied warranty of merchantiability.