• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

McCarter & English Logo

  • People
  • Services
  • Insights
  • Our Firm
    • Leadership Team
    • Diversity & Inclusion
    • Pro Bono
    • Client Service Values
  • Join Us
    • Lawyers
    • Summer Associates
    • Patent Professionals
    • Professional Staff
    • Job Openings
  • Locations
    • Boston
    • Philadelphia
    • East Brunswick
    • Stamford
    • Hartford
    • Trenton
    • Newark
    • Washington, DC
    • New York
    • Wilmington
  • Share

Share

Browse Alphabetically:

  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • K
  • L
  • M
  • N
  • O
  • P
  • Q
  • R
  • S
  • T
  • U
  • V
  • W
  • X
  • Y
  • Z
  • All
Bankruptcy & Commercial Litigation
Blockchain, Smart Contracts & Digital Currencies
Cannabis
Corporate
Crisis Management
Cybersecurity & Data Privacy
Delaware Corporate, LLC & Partnership Law
Design, Fashion & Luxury
E-Discovery & Records Management
Energy & Utilities
Environment & Energy
Financial Institutions
Government Affairs
Government Contracts & Global Trade
Healthcare
Immigration
Impact Investing
Insurance Recovery, Litigation & Counseling
Intellectual Property
Labor & Employment Law
Life Sciences
Litigation
Manufacturing
Products Liability, Mass Torts & Consumer Class Actions
Proptech
Public Finance 
Real Estate
Renewable Energy
Sports & Entertainment
Tax & Employee Benefits 
Technology Transactions
Transportation, Logistics & Supply Chain Management
Trusts, Estates & Private Clients 
Venture Capital & Emerging Growth Companies
  • Broadcasts
  • Events
  • News
  • Publications
  • View All Insights
Search By:
Insights News Open Stack
Main image for Fighting Website Suit, Vita-Mix Points To Similar Dismissal
News|Quote

Fighting Website Suit, Vita-Mix Points To Similar Dismissal

Law360

10.19.2016

Acting on behalf of blender maker Vita-Mix, Mr. Kott told a New Jersey federal judge on Wednesday that the recent dismissal of a similar suit by a judge citing the U.S. Supreme Court’s Spokeo ruling casts a shadow on the class action against the company over its website terms of use.

Kott wrote to U.S. District Judge Michael Shipp, who’s overseeing the Vita-Mix suit under the Truth In Consumer Contract, Warranty and Notice Act, to let him know of a colleague’s recent decision.

On Oct. 12, that colleague, fellow New Jersey federal judge Peter Sheridan, dismissed a TCCWNA suit against Croscill Home LLC, finding that the grounds for the Croscill suit came up short, including its viability under Spokeo, a precedent that dealt with the level of injury plaintiffs must have for standing.

Kott argued that the same logic should apply to his client’s suit, given the similarities in the two cases’ claims and jurisdictions.

“The plaintiff’s attorney in Russell submitted a supplemental brief on these two issues, arguing that the plaintiff had standing under Spokeo, and that the plaintiff qualified as an ‘aggrieved consumer’ under TCCWNA … Judge Sheridan specifically rejected plaintiff’s argument in Russell and held: 1. The plaintiff did not have standing under Spokeo; and 2. The plaintiff was not an ‘aggrieved consumer’ under TCCWNA,” Kott said.

Vita-Mix is represented by McCarter partners David Kott and Edward Fanning, Jr.

Reader Interactions

sidebar

Related People

Media item: Edward J. Fanning, Jr.
Edward J. Fanning, Jr.

Partner

Media item: David R. Kott
David R. Kott

Partner

Related Services

Products Liability, Mass Torts & Consumer Class Actions
Class Action & Multidistrict Litigation
Subscribe to our Insights
McCarter & English, LLP
Copyright © 2019 McCarter & English, LLP. All Rights Reserved.
  • Login
  • Attorney Advertising
  • Disclaimer
  • Awards Methodology
  • Contact
  • Subscribe
  • Sitemap
This website uses cookies to collect certain information to help improve functionality and performance of the site. If you choose to continue browsing this website, you agree to our use of cookies.Ok