Buchanan Team Wins Dismissal of Putative Class Action Claim for Firm Client Aaron's Inc. Franchisees; Noted in Law360
U.S. District Judge Bissoon in the Western District of Pennsylvania adopted Magistrate Judge Susan Paradise Baxter’s recommendation that Plaintiffs’ claims against the franchisees should be dismissed for lack of standing because none of them did business with the class representative plaintiffs, the Byrds. In addition, Judge Bissoon adopted the Magistrate’s recommendation that class certification should be denied. Neither the Magistrate Judge nor District Judge Bissoon reached the alternative grounds for dismissal raised in Buchanan’s motion to dismiss the Third Amended Complaint, lack of personal jurisdiction and failure to state a claim for relief.
Separately, Judge Bissoon ordered that Plaintiffs’ single claim for violation of the Electronic Communications Privacy Act against our clients’ co-defendants’, Aaron’s and franchisee Aspen Way, should be allowed to proceed. However, with the denial of class certification (and dismissal of Plaintiffs’ claims against the franchisees) that seems like a pyrrhic victory for Plaintiffs.
Subject to any interlocutory appeal to the Third Circuit that plaintiffs may seek to pursue, all of the franchisees Buchanan represented are dismissed from the case.
Read the full article in Law360 - “Aaron’s Gets Claims Trimmed in Rental Computer Spy Suit” (Law360, March 31, 2014)
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