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Case Summaries


[02/06] Mediterranean Shipping Co. v. Best Tire Recycling, Inc.
In a dispute arising out of a contract for the shipment of used tires from Puerto Rico to Vietnam, which accrued demurrage charges, port storage charges, and related administrative fees, apparently because it arrived late to Vietnam, the district court finding that defendant was the shipper, and therefore, pursuant to the bills of lading, was liable for the charges and fees to the carrier, is affirmed where was designated as the shipper on the bills of lading.

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Class Actions

[09/15] Lambert v. Nutraceutical Corp
Reversing a district court order decertifying a class action relating to an alleged aphrodisiac called 'Cobra Sexual Energy' because the district court abused its discretion in decertifying the class on the basis of the plaintiff's inability to prove restitution damages through the full refund model because plaintiff's damages model matched his theory of liability and because his damages model was supportable on evidence that could be introduced on trial and whether plaintiff could provide damages to a reasonable certainty on the basis of his full refund model was a question of fact to be decided at trial.

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Commercial Law

[09/19] Katz v. The Donna Karan Company, LLC
Affirming the judgment of the district court dismissing the plaintiff's complaint for lack of subject matter jurisdiction in a Fair and Accurate Credit Transactions Act (FACTA) case because the printing of a credit card number on a receipt was held not to increase the risk of material harm of identity theft, but remanding for the dismissal to be entered without prejudice due to the lack of subject matter jurisdiction.

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