June 22, 2016
Kelley Drye partners William S. Gyves and Lauri A. Mazzuchetti and associate Michael A. Innes are mentioned in the Law360 article, “PC Richard Beats Proposed Contract Language Class Action,” regarding an allegation that PC Richard & Son, the appliance and electronics chain, violated New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) by omitting certain terms regarding the delivery of appliances.
New Jersey Federal District Judge William H. Walls agreed with PC Richard’s argument and dismissed the claims saying, “Plaintiff’s claim is entirely based on an alleged omission. The complaint makes no allegation that any offending provision was included in the contract, nor does it allege that required information was disclosed in an inappropriate manner. Plaintiff’s TCCWNA claim does not state a claim for relief that is plausible on its face, and defendant’s motion to dismiss that claim is granted.”
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