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Where a putative class action has been brought against a defendant manufacturer of vehicles that were fitted with an allegedly defective engine, the defendant’s motion to dismiss should be (1) denied as to the plaintiff’s Chapter 93A and unjust enrichment counts and a claim for breach of express warranty and (2) allowed as to claims
Where a plaintiff general contractor alleged that the defendant insurance company failed to pay or reimburse any of the general contractor’s defense costs in a negligence action brought by an injured employee of a subcontractor, a judgment dismissing the complaint must be vacated in part because (1) the plaintiff adequately pleaded a breach of contract
Where a plaintiff has brought a putative consumer class action alleging that the defendants sell pet food they have advertised as safe without disclosing that the foods contained some amounts of arsenic, mercury, lead, cadmium and Bisphenol A (BPA), the complaint must be dismissed because the plaintiff fails to identify any objective basis for her
(DEPOSIT PHOTOS) Dunkin’ Donuts customers are routinely overcharged when placing orders from their cellphones using the app provided by the national coffee and baked goods chain, according to a newly filed federal class action. “[T]he total charged to a customer, as calculated by the Mobile Application, systematically exceeded the displayed prices for individual items when
(DEPOSIT PHOTOS) A federal judge has tossed a lawsuit filed by a New York gambler who claims the cash-out procedures for Encore Boston Harbor’s slot machines are rigged to shortchange players. According to plaintiff A. Richard Schuster, the problem with the slot machines at the Wynn Resort casino in Everett boils down to the fact