Susan Buckley, on Behalf of Herself and All Others Similarly Situated v. Align Technology Inc.
Published: Nov. 28, 2015 | Result Date: Sep. 29, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:13-cv-02812-EJD Bench Decision – Dismissal
Court
USDC Northern
Attorneys
Plaintiff
David E. Bower
(Monteverde & Associates PC)
Defendant
Rodney G. Strickland Jr.
(Wilson, Sonsini, Goodrich & Rosati PC)
Keith E. Eggleton
(Wilson, Sonsini, Goodrich & Rosati )
Anthony J. Weibell
(Mayer Brown LLP)
Facts
Susan Buckley filed a class action against Align Technology concerning Invisalign.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendant of misrepresenting the efficacy of the Invisalign system used to correct crooked teeth. Plaintiff purchased Invisalign to help correct her malocclusion to no avail. As such, she sued defendant for violation of the Magnuson-Moss Warranty Act, unjust enrichment, money had and received, breach of express warranty, violation of California's unfair competition law, violation of California's false advertising law, violation of California's Consumer Legal Remedies Act, and negligent misrepresentation.
DEFENDANT'S CONTENTIONS:
Defendant argued plaintiff's action should be dismissed for being so illogical that she failed to sufficiently allege a claim for relief.
Result
The district judge aligned with defendant and tossed out plaintiff's action.
Other Information
FILING DATE: June 19, 2013.
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