Pamella Montgomery bought a Tassimo, a single-cup coffee brewer manufactured by Kraft Foods. The machine she bought had a sticker with the words “Featuring Starbucks® Coffee,” which factored into Montgomery’s decision to purchase it. However, Montgomery soon struggled to find new Starbucks T-Discs, which were single-cup coffee pods designed to be used with the brewer. The Starbucks T-Disc supply dwindled into nothing because business relations between Kraft and Starbucks had gone awry. Upset that she could no longer use the Tassimo to enjoy Starbucks coffee, Montgomery sued Kraft and Starbucks for, among other things, breach of express and implied warranties. Do you think Montgomery’s express warranty claim has any merit? What criterion must be met for a plaintiff to successfully make an express warranty claim? [Montgomery v. Kraft Foods Global, Inc., 822 F. 3d 304 (2016).]

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