Don’t Wish Too Hard: Ohio Federal Court Tosses Class Claims in Consumer Case for Failure to Allege Actual Damages

Author: Jeremy Gilman (former Partner at Benesch Law)

Wish.com is a website that sells, you guessed it, goods.  Lots of them.  Clothing, watches, smartphone cases, fishing lures, jewelry, handbags, Pokémon cards, electronics, shoes.  Most are inexpensive and made in China, from where they are shipped directly from merchant to consumer.  Tens of millions of different items from thousands of merchants.  One of its senior executives referred to wish.com as “the leading mobile commerce platform in North America and Europe” whose “mission is to give everyone access to the most affordable, convenient, and effective shopping mall in the world.”  Wish.com take a 15% cut on each sale.  ContextLogic, Inc., a privately-held company in San Francisco, developed wish.com. Continue reading “Don’t Wish Too Hard: Ohio Federal Court Tosses Class Claims in Consumer Case for Failure to Allege Actual Damages”

New Win for Old Spice

Author: Jeremy Gilman (former Partner at Benesch Law)

Procter & Gamble was sued this March in the Southern District of Ohio by about 180 persons claiming they had bought and were injured by applying thirteen different Old Spice deodorant products manufactured and sold by P&G.  They contended that by using those deodorants, they “suffered severe burning, rashes, irritation, discoloration, scarring, peeling of skin, and/or other injury requiring them to immediately cease using the product.”  Their 180-page, 66-count, 840-paragraph amended complaint includes breach of warranty, Magnusson-Moss, negligence, unjust enrichment, products liability and state statutory claims and seeks injunctive relief and damages, both compensatory and punitive.  On top of that, their pleading is adorned with any array of color photos of body parts, mostly armpits, and identifies their owners and their addresses.  Editor’s note:  view with caution. Continue reading “New Win for Old Spice”