· 9/29/2011
Tyler v. Liz Claiborne, Inc.
Citations
- 814 F. Supp. 2d 323
- 2011 WL 4526370
- 2011 U.S. Dist. LEXIS 111523
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that rule applies where parties and claims in both class actions are “identical or substantially similar”
- holding plaintiffs plausibly alleged defendants’ claims of health benefits of dietary supplement were false or deceptive where the “plaintiffs cite[d] to numerous scientific studies that arguably supported] their conclusion” that the supplement could not work as advertised
- dismissing the plaintiffs' breach of warranty claims concerning supplement labels for failure to allege notice
- declining to stay in part because, regardless of disposition of a pending motion in the prior filed case, additional issues would still require a decision
- considering and dismissing the argument that “plaintiffs’ claims merely amount to a nonactionable ‘lack of substantiation’ claim” under New York Gen. Bus. L. § 349
- dismissing warranty claim for failure to allege timely notice of breach under New York’s notice statute, which is similar to Vermont’s
Source: CourtListener parenthetical corpus (CC0).
Judges: Holwell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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