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Much Shelist Attorneys Win Class Action Defense Case in Illinois Court
The Much Shelist Class Action Defense team recently won the dismissal of a class action complaint filed in Illinois court against the firm’s client, a global provider of portable power solutions. The defendant was accused by a customer of selling batteries with expired "buy one get one free" offers. The plaintiff alleged Illinois Consumer Fraud Act violations, conversion and unjust enrichment.
In response to these allegations, the Much Shelist team, which included Principals Anthony C. Valiulis and Melinda J. Morales, first informed the plaintiff that the client was still honoring the coupons and actually tendered to the plaintiff his very minor alleged damages—twice. The plaintiff refused the offers and then sat on the case without moving for class certification for several months. The Much Shelist team moved to dismiss. The court held that the tender mooted the plaintiff’s claim and dismissed the complaint, with prejudice. The First District Appellate Court in Illinois subsequently affirmed the decision to dismiss the complaint without oral argument.
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