Carolyn Levin, in her individual and representative capacity on behalf of a class of all persons similarly-situated v. Nike Inc., Apple Inc., and Does a through 10, inclusive
Published: Sep. 12, 2015 | Result Date: Jun. 17, 2015 | Filing Date: Jan. 1, 1900 |Case number: BC509363 Settlement – Equitable Settlement
Court
L.A. Superior Central
Attorneys
Plaintiff
Keith D. Griffin
(Girardi & Keese)
Thomas V. Girardi
(Girardi & Keese)
Defendant
Brandon J. Stoker
(Gibson, Dunn & Crutcher LLP)
Samuel G. Liversidge
(Gibson, Dunn & Crutcher LLP)
Facts
Carolyn Levin filed a class action against Nike Inc. and Apple Inc. concerning the Nike+ FuelBand product.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendants of making false and/or misleading statements regarding the product by claiming it accurately calculated calories when it did not. Plaintiff also accused defendants of failing to honor the warranty on the product. Plaintiff alleged violations of California's Unfair Competition Law, Consumer Legal Remedies Act, and False Advertising Law, and claims for breach of warranty and "common counts" of "assumpsit, restitution, and quasi-contract."
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations.
Result
The parties reached a settlement, in which eligible class members would receive $15 cash or a $25 Nike gift card. The settlement has been conditionally approved, and is awaiting final approval.
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