Judge again tosses Michigan woman s attempt to sue Peloton under N Y law legalnewsline.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from legalnewsline.com Daily Mail and Mail on Sunday newspapers.
Feldman
NEW YORK (Legal Newsline) – Peloton says class action lawyers have failed in a “do-over” to make claims under New York law as they push a lawsuit over the slashing of Peloton’s content library.
The company on Feb. 4 filed another motion to dismiss the case, in response to an amended complaint filed by attorneys at DiCello Levitt Gutzler in New York City and Keller Lenkner in Chicago.
A November decision by New York federal judge Lewis Liman allowed the case to proceed, but it tossed the claims of a Michigan woman under sections of the New York General Business Law.
To embed, copy and paste the code into your website or blog:
On November 9, 2020, the Southern District of New York largely denied a motion to dismiss filed by Peloton, which argued that two plaintiffs failed to state a claim for deceptive trade practices and false advertising under the New York General Business Laws. Among other issues, the case analyzed whether the term “ever-growing” constituted non-actionable puffery and whether statutory consumer protection claims can lie when an allegedly deceptive advertising campaign is arguably clarified by disclosures in a Terms of Service agreement.
Plaintiffs Alicia Pearlman and Eric Fishon filed suit against Peloton Interactive, Inc. (“Peloton”), bringing claims under Sections 349 and 350 of the New York General Business Laws (“NYGBL”) for deceptive acts and practices and false advertising, respectively.