Peter Scaff Discusses Recovery of Attorneys' Fees in Implied Warranty Claims

Houston’s First Court of Appeals recently held in Howard Industries, Inc., et al. v. Crown Cork and Seal Company, LLC that attorneys’ fees are now recoverable for UCC implied warranty of merchantability claims. Androvett NewsWire featured Gardere Trial Partner Peter Scaff’s comments regarding the impact of this decision on a defendant’s exposure. “It changes a defendant’s exposure from a liquidated sum to an uncertain and ever-increased sum, based mainly upon factors beyond the defendant’s control, namely the plaintiff’s choice of counsel,” Mr. Scaff said.