The Sturm Und Drang of 12(b)(6) Motions

Author: Jeremy Gilman (former Partner at Benesch Law)

No one likes to be slammed.  Slamming, according to the FCC, “is the illegal practice of switching a consumer’s traditional wireline telephone company for local, local toll, or long distance service without permission.”  Kimber Baldwin Designs, LLC claimed that it was slammed by Silv Communications, Inc. and sued it in the Southern District of Ohio, asserting claims under the Federal Telecommunications Act, Ohio’s Telecommunications Fraud statute, and for common law fraud and unjust enrichment. Continue reading “The Sturm Und Drang of 12(b)(6) Motions”

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”