· 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 CourtListenerSourced 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.