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Consumer Protection

Mar 7, 2023

Home Depot dismisses race discrimination suit

Where a man alleged that Home Depot refused to honor an alleged promise to discount his moving truck fee because of his race, but he failed to plead any facts supporting this allegation, his suit was dismissed. Background Hazem Garada’s amended complaint alleges that Home Depot USA Inc. infringed plaintiff’s consumer and civil rights in […]

Feb 27, 2023

Counsel awarded third of requested attorneys’ fees

Where counsel for two objectors to a putative class action settlement sought to recover $237,500 in attorney’s fees, but they obtained only a modest result, their conduct delayed relief to the class and they impermissibly block billed for their time, they were awarded $80,000 in fees. Background Plaintiffs filed a putative class action complaint against […]

Feb 20, 2023

Treadmill class action suit keeps running

A class action lawsuit alleging that a treadmill manufacturer violated warranties and fraudulently misrepresented its horsepower capabilities outran dismissal in the Western District of Virginia. After allowing the plaintiff to sidestep a jurisdictional roadblock, Judge Elizabeth K. Dillon refused to dismiss all but one of the claims and granted leave to amend the express warranty […]

Feb 17, 2023

Objections to long-term care settlement dropped

Where plaintiffs reached a settlement over claims that long-term care, or LTC, insurers failed to disclose material information to policyholders, a husband and wife then objected to that settlement and the defendants agreed to increased compensation to policyholders in exchange for the couple dropping their objections and receiving incentive payments and attorneys’ fees, the settlement […[...]

Feb 17, 2023

Vehicle purchaser’s rescission suit dismissed

Where the purchaser of a vehicle argued she was entitled to void the transaction and keep the vehicle because the defendant failed to make certain required disclosures, her suit was dismissed. She relied on statutory provisions that apply only to a security interest in a principal dwelling. Background In June 2022, Janay Jones bought a […]

Feb 13, 2023

Significant fees awarded to attorneys in class action

Attorneys who successfully represented a class of persons who alleged that carriers failed to disclose material information to policyholders of long-term care, or LTC, policies, to their detriment, were awarded up to $13 million in fees. Background Plaintiffs filed a putative class action complaint against Genworth Life Insurance Company and Genworth Life Insurance Company of […]

Feb 13, 2023

Treadmill manufacturers sued for alleged false statements

Where the purchaser of a treadmill alleged that manufacturers made false representations about the treadmills’ horsepower, her Virginia warranty and fraud claims survived their motions to dismiss. Background This is a putative class action brought by Wendy Prince, on behalf of herself and similarly situated purchasers of Horizon Fitness treadmills. The amended class action complaint […]

Feb 13, 2023

Untimely RFA responses allowed in Lemon Law suit

Where an automotive manufacturer who was sued for allegedly violating the Lemon Law failed to timely respond to requests for admissions, or RFAs, and only discovered the error when the vehicle owner moved for summary judgment, the court allowed the untimely responses because it favored resolution on the merits and there was no prejudice to […]

Feb 13, 2023

Late expert disclosure OK’d in Lemon Law suit

Where the owner of a truck who is suing the manufacturer for violating Virginia’s Lemon Law and the federal Magnuson-Moss Warranty Act failed to identify his expert within the deadline set by the court, but there was sufficient time to examine the expert without disrupting the trial and the testimony was important to the case, […]

Feb 5, 2023

Class action waiver held unenforceable

Where a waiver limiting the ability of borrowers to bring a class action suit did not allow them to vindicate their federal rights, it was unenforceable. Background This class-action proceeding relates to a lending scheme allegedly designed to circumvent state usury laws. Matt Martorello appeals from three district court rulings that (1) reconsidered prior factual […]

Feb 4, 2023

Long-term care insurance settlement objections rejected

Where three persons argued that it was unfair to send rate increase letters to class members during the same time period as settlement negotiations and preliminary approval of a putative class-action suit over long-term care policies was occurring, their objections were overruled. Background Plaintiffs filed a putative class action complaint against Genworth Life Insurance Company […]

Feb 4, 2023

Defective car repair suit remanded to circuit court

Where a manufacturer sued for allegedly failing to repair a gear shift defect in a vehicle removed the suit to federal court because it sought relief under the Magnusson-Moss Warranty Act, a federal statute, but that statute limits federal court’s jurisdiction to claims in excess of $50,000, and the warranty claims here were below that […]

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