On September 26, Judge William Walls of the U.S. District Court for the District of New Jersey ruled that a putative class action lawsuit against home goods retailer Williams-Sonoma failed to state a claim under New Jersey law. In Feder v. Williams-Sonoma Stores, Inc., the plaintiff sought damages for purported violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) after a Williams-Sonoma employee allegedly required the plaintiff to provide her zip code as part of a credit card transaction. The district court’s decision supports what many people hope will continue to be the case, i.e., that it will be a challenge for plaintiffs’ lawyers to successfully transplant the California Supreme Court’s recent decision in Pineda v. Williams-Sonoma, Inc. (see our blog post here) into other jurisdictions.
dismiss
Class Action Lawsuit Against Data Broker for Inaccurate Information Dismissed for Lack of Standing
By Andrew Hoffman on
A putative class action lawsuit against data broker Spokeo.com for violations of the Fair Credit Reporting Act (FCRA) and California’s Unfair Competition Law was recently dismissed for lack of standing.
Proskauer Litigation Team Helps Secure Dismissal of Speculative Identity Exposure Claims Against BNY Mellon
Posted on
Where the only harm alleged is mere “speculation as to a possible risk of injury,” a claim cannot survive a 12(b)(6) motion to dismiss, according to a District of Connecticut decision issued on August 31, 2009. McLoughlin v. People’s United Bank, Inc., and Bank of New York Mellon, Inc., No. 3:08-cv-00944-VLB (D. Conn. Aug. 31, 2009), thus follows a long and growing line of cases which simply hold that where there is no actual harm, there can be no case.
…