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· 7/21/2010

Stearns v. Select Comfort Retail Corp.

Citations

  • 763 F. Supp. 2d 1128
  • 72 U.C.C. Rep. Serv. 2d (West) 844
  • 2010 U.S. Dist. LEXIS 84777
  • 2010 WL 2898284

How courts have described this case

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

  • finding a class not ascertainable where the definition includes persons who have received refunds, replacements, or who have not suffered any damages at all
  • declining to decide whether “workmanship” includes design defects where claim failed on other grounds
  • “A buyer also must plead that notice of the alleged breach was provided to the seller within a reasonable time after discovery of the breach”
  • “Plaintiffs’ negligence . . . claims may not constitute predicate acts for a UCL claim.”
  • “Neither delay resulting from the 7 proposed amendment nor the prospect of additional discovery needed by the non-moving party in 8 itself constitutes a sufficient showing of prejudice.”
  • “Federal Rule 22 of Civil Procedure 15(a)…should be applied with ‘extreme liberality.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jeremy Fogel

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.