Weisblum v. Prophase Labs, Inc.

Weisblum v. Prophase Labs, Inc.

Plaintiff:	Eli Weisblum
Defendant:	Prophase Labs, Inc.
Case Number:	1:2014cv03587
Filed:	May 19, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Queens
Presiding Judge:	Jesse M. Furman
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 20, 2015	Filing 54 OPINION AND ORDER re: 34 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by Prophase Labs, Inc., Theodore W. Karkus: For the foregoing reasons, Defendants' motion to dismiss is GRANTED in p art and DENIED in part. Specifically, Counts 1 (GBL § 349) and 2 (GBL § 350) survive in their entirety. The California claims against Prophase included in Counts 3 (MMWA), 4 (express warranty), 6 (CCLRA), and 14 (fraud) are dismissed , but the New York claims and the California claims against Karkus survive. The New York claims and the California claims against Prophase included in Counts 5 (implied warranty) and 12 (unjust enrichment) are dismissed, but the California cla ims against Karkus survive. Finally, Counts 8 (FAL), 9-11 (UCL), and 13 (negligent misrepresentation) are dismissed in their entirety. The Clerk of Court is directed to terminate Docket No. 34. (Signed by Judge Jesse M. Furman on 2/20/2015) (tn)

Date Filed

Document Text

February 20, 2015

Filing 54 OPINION AND ORDER re: 34 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by Prophase Labs, Inc., Theodore W. Karkus: For the foregoing reasons, Defendants' motion to dismiss is GRANTED in p art and DENIED in part. Specifically, Counts 1 (GBL § 349) and 2 (GBL § 350) survive in their entirety. The California claims against Prophase included in Counts 3 (MMWA), 4 (express warranty), 6 (CCLRA), and 14 (fraud) are dismissed , but the New York claims and the California claims against Karkus survive. The New York claims and the California claims against Prophase included in Counts 5 (implied warranty) and 12 (unjust enrichment) are dismissed, but the California cla ims against Karkus survive. Finally, Counts 8 (FAL), 9-11 (UCL), and 13 (negligent misrepresentation) are dismissed in their entirety. The Clerk of Court is directed to terminate Docket No. 34. (Signed by Judge Jesse M. Furman on 2/20/2015) (tn)

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Plaintiff: Eli Weisblum
Represented By:	Scott A. Bursor
Represented By:	Neal Jamison Deckant
Represented By:	Yitzchak Kopel
Represented By:	Joseph Ignatius Marchese
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Defendant: Prophase Labs, Inc.
Represented By:	Eric F. Gladbach
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