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· 11/30/2009

Arcand v. Brother International Corp.

Citations

  • 673 F. Supp. 2d 282
  • 71 U.C.C. Rep. Serv. 2d (West) 278
  • 2009 U.S. Dist. LEXIS 111168
  • 2009 WL 4261085

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiffs cannot leave the court to speculate about whether what a plaintiff received was worth less than what a defendant promised
  • stating that a plaintiff must “allege facts pertinent to their own personal experience with the product”
  • noting that a court may consider essential documents to a plaintiff’s claim referenced in its complaint
  • stating that a court may consider documents referenced in complaint that are essential to plaintiff’s claim
  • explaining that under the NJCFA, “allegations of an affirmative act, ie. a misrepresentation, do not require a showing of intent or even actual deceit or fraud”
  • stating that to properly plead ascertainable loss, plaintiff must “specifically allege that what he did receive [] was of lesser value than what was promised” and to do so, plaintiff must typically “allege facts pertinent to their own personal experience with the product”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wolfson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.