43 results for 'nos:"Truth in Lending - Torts - Personal Property"'.
J. Milazzo grants a request by a mortgage lender to dismiss a homeowner’s hurricane-related claims that it obtained insurance at above-market rates that exceeded the mortgage amount, failed to list her as a named insured and did not use policy payments to repair her home. The homeowner has not alleged facts that support her misrepresentation claim, or her allegation the lender failed to distribute insurance proceeds for repair of her property. Furthermore, the loan agreement does not obligate the mortgage lender to procure additional insurance proceeds to repair her property.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: December 28, 2023, Case #: 2:23cv927, NOS: Truth in Lending - Torts - Personal Property, Categories: Property, Damages, Banking / Lending
J. Garauafis throws out a false advertising class action that alleged the maker of Lysol-brand Laundry Sanitizer misled consumers by claiming the product “kills 99.9% of bacteria.” The litigant bases his argument on a viral TikTok video that purportedly claims sanitizing products are useless because most household dryers include a sanitization cycle that kills most bacteria. He further claims a CDC study regarding laundering practices supports these findings, despite the fact they concern only healthcare facilities and not consumer households. Their claims fail because the labeling does not expressly reference the standard laundering process, so a reasonable consumer would not read the label to imply it has a material benefit over the standard laundering process.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 19, 2023, Case #: 2:22cv5730, NOS: Truth in Lending - Torts - Personal Property, Categories: Class Action, False Advertising
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J. Kovner dismisses a consumer fraud complaint against CVS that alleges it solicited customer donations at checkout for the American Diabetes Association through a fraudulent fundraising campaign. The customer alleges the money he donated effectively went to CVS due to its promise to make up any shortfalls if the total amount donated was less than $10 million. He fails to allege any of statements regarding the pharmacy chain’s promise to contribute were materially misleading or false because the donations did, in fact, go to the ADA in the end.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 30, 2023, Case #: 1:22cv3116, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Consumer Law
J. Gonzalez dismisses, without leave to amend, a false advertising complaint that alleges McDonald’s and Wendy’s advertised their products in such a way that makes them appear more appealing than those actually served to customers. The litigant fails to allege, for purposes of establishing an injury, that he ever saw the advertisements himself or that the ads were materially misleading. As for his breach of contract claim, the advertisements do not constitute offers to enter into a contract.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 2:22cv2880, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Contract, False Advertising
J. Morrison preserves class action false advertising claims against the makers of Nordic Naturals-brand vitamins and supplements that allege the product’s brand name, displayed prominently on the products’ packaging, misleads consumers into believing they contain natural ingredients when a substantial number of ingredients are synthetic. The court finds that the use of the name “naturals” could be deceiving to a reasonable consumer.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 28, 2023, Case #: 1:22cv3195, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Matsumoto grants a writ for pre-judgment attachment and orders a physician to pay Geico $576,040 as well as disclose any and all personal assets she possesses for her alleged role in a medical insurance fraud scheme involving claims for medical services provided to no-fault car accident victims. The court overrules the physician’s objections arguing there was not enough evidence to conclude she had forged a non-party physician’s signature on claim documents to collect on the payments.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 28, 2023, Case #: 1:22cv6187, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Insurance