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Schorr | McGuire Woods
PITTSBURGH – Counsel for Dollar General and Aldi argue that allegations brought against them and other retailers which said they unlawfully charged sales taxes on the purchases of face masks during the COVID-19 pandemic are unsupported, and should be dismissed.
Joshua James of Freeport (and on behalf of all others similarly situated) filed suit in the Allegheny County Court of Common Pleas on Nov. 12.
(The case was later removed to the U.S. District Court for the Western District of Pennsylvania on Feb. 11.)
The lawsuit took aim at many different retailers, including Marshall’s, Forever 21, Sally Beauty Supply, Dry Goods, Amazon, Zazzle, Etsy, Brave New Look, Outdoor Research, Aldi, Dollar General and eBay.
Colecchia | Law Care
PITTSBURGH – A Western Pennsylvania man says he has suffered the loss of his right eye, permanent blindness and other injuries, after his eye and face were struck by a “Hold-Zit” strap device.
Robert Bogle of Loyalhanna filed suit in the U.S. District Court for the Western District of Pennsylvania on March 8 versus JDS Technologies, Inc. of Oneida, Tenn. and Radiator Specialty Company, Inc. of Indian Trail, N.C.
“JDS and RSC, acting together and in concert, sold the ‘Hold-Zit’ strap to the general public and placed it into the stream of commerce. The defendants expressly warranted and guaranteed the ‘HoldZit’ strip for life. Bogle came into possession of one of defendants’ ‘Hold-Zit’ straps, which he used,” the suit states.
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In the span of just a few weeks, both the Pennsylvania Supreme Court and the U.S. Court of Appeals for the Third Circuit issued decisions significantly expanding liability under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (CPL or UTPCPL). While these decisions involved claims by private parties, the CPL also permits lawsuits by district attorneys and the commonwealth’s attorney general. The Pennsylvania Supreme Court broadened the scope of the CPL by imposing a strict liability standard under which a company can be liable if it “engage[s] in conduct that has the
Jacobs | Montgomery McCracken Walker & Rhoads
PHILADELPHIA – A six-figure financial dispute between collectors of rare “Magic: The Gathering” playing cards that is centered on fraud accusations will soon go to trial in a Philadelphia federal court.
Michael Ruggiero of Morganville, N.J., first filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania on July 20, 2018, versus Brian Nocenti of Kennett Square and a John Doe, alleging that they breached their duty of good faith and fair dealings.
Ruggiero argued that on May 29, 2018, he suffered from significant financial loss and the loss of irreplaceable collection of “Magic: The Gathering” playing cards, as a result of the wrongful conduct of the defendant.