Timothy Boris, Bonnie Cooper, Tony F. Girard, and Erika Newsome, on behalf of themselves and all others similarly situated v. Wal-Mart Stores Inc., Walmart.Com
Published: May 3, 2014 | Result Date: Apr. 9, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-07090-ABC-FFM Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Jonathan D. Miller
(Nye, Stirling, Hale, Miller & Sweet LLP)
Benjamin Sweet
(Nye, Stirling, Hale, Miller & Sweet LLP)
Matthew Insley-Pruitt
(Wolf Popper LLP)
Defendant
Frank C. Rothrock
(Shook, Hardy & Bacon LLP)
Facts
Timothy Boris, Bonnie Cooper, Tony Girard, and Erika Newsome, filed a class action against Wal-Mart Stores Inc. and Walmart.Com, in connection with the marketing of its product.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Wal-Mart deceptively marketed its Equate Migraine medication as being more effective, and charging two to three times more than its Equate Extra Strength Headache Relief medicine, when both products contained the exact same active ingredients in the same amounts. Plaintiffs asserted causes of action for violation of the False Advertising Law, Unfair Competition Law, California Consumer Legal Remedies Act, New Jersey Consumer Fraud Act, New York General Business Law, unjust enrichment/restitution, and breach of the covenant of good faith and fair dealing.
DEFENDANT'S CONTENTIONS:
Wal-Mart moved to dismiss plaintiffs' complaint for failure to state a claim, federal preemption, and other grounds.
Result
The court dismissed plaintiffs' complaint for failing to state a claim.
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