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“Mind What You Say, Puffery Has Its Limits”

Law360 David P. Muth, Natalie R. Remington

Following is an excerpt:

Puffery is generally viewed as a nonbinding promise concerning the quality of goods (i.e., world’s greatest hamburgers sold here). Puffery is not a new concept under Wisconsin law, but what constitutes puffery remains a frequently litigated issue.

In United Concrete & Construction Inc. v. Red-D-Mix Concrete Inc., 2013 WI 72, the Wisconsin Supreme Court not only further defined the limits of puffery but also instructed trial courts how to approach questions of puffery in cases before them.

Originally published in Law360, August 28, 2013

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