Calfornian Files Class Action Lawsuit Against NJoy/Sottera

[zoiDman]

Maybe I missed it? Or maybe it Wasn't Posted.

But what is the Remedy that the Plaintiff is seeking?

 

[mightymen]

Silly people tricks are for kids...

"But the Food and Drug Administration has found that the cigarettes contain harmful ingredients. The agency testing revealed that one brand of cigarettes used a toxic chemical found in antifreeze.

Silent - in what year this test was done and what changes took place since.

What are these other cancer causing compounds strange that it's silent on this.

Class action suite - Lawyers getting rich off of the system.

 

[pamdis]

Maybe I missed it? Or maybe it Wasn't Posted.

But what is the Remedy that the Plaintiff is seeking?

1. To certify the Consumer Class
2. an order requiring defendant to identify members of the class by name, address, phone number
3. all actual and compensatory damages according to proof at trial
4. exemplary or punitive damages
5. restitution or restoration of monies spent by plaintiff and aggrieved consumers to purchase defendant's e-cigs
6. an accounting to determine the amount to be returned to defendants
7. declaratory judgement that practices complained of herein are unlawful
8. appropriate equitable relief to remedy defendants violations of law
9. pre-and-post judgement interest
10. such other equitable relief as court may deem just and proper
11. attorneys fees and costs of suit
12. any other relief court deems proper

 

[zoiDman]

1. To certify the Consumer Class
2. an order requiring defendant to identify members of the class by name, address, phone number
3. all actual and compensatory damages according to proof at trial
4. exemplary or punitive damages
5. restitution or restoration of monies spent by plaintiff and aggrieved consumers to purchase defendant's e-cigs
6. an accounting to determine the amount to be returned to defendants
7. declaratory judgement that practices complained of herein are unlawful
8. appropriate equitable relief to remedy defendants violations of law
9. pre-and-post judgement interest
10. such other equitable relief as court may deem just and proper
11. attorneys fees and costs of suit
12. any other relief court deems proper

Thank you pamdis.

Do you know if any Quantitative Values have been mentioned for #4?

 

[pamdis]

Thank you pamdis.

Do you know if any Quantitative Values have been mentioned for #4?

No, not to my knowledge.

 

[zoiDman]

No, not to my knowledge.

Me Either.

Perhaps knowing it would Shed some Light on the Plaintiffs Motivation for Bringing it.

To Right a Wrong?

Or to Cash in on a Huge Cash Cow thru the Legal System?

 

[mightymen]

Simple lawyer tactic being used "right in your face" cause and effect of spending money.

 

[AgentAnia]

I've just finished reviewing all documents linked to this case and find no dollar amounts.

 

[zoiDman]

I've just finished reviewing all documents linked to this case and find no dollar amounts.

Thanks for Looking.

If I See or Find it, I'll post it.

 

[AgentAnia]

Thanks for Looking.

If I See or Find it, I'll post it.

Isn't it customery in these cases for the dollar amount of injuries/damages to be set by the jury (plaintiff can ask, via complaint or in court, but jury decides)? This is not rhetorical; I ask because I don't know.

 

[Anjaffm]

Thank you very much for the summary, AgentAnia!

 

[zoiDman]

Isn't it customery in these cases for the dollar amount of injuries/damages to be set by the jury (plaintiff can ask, via complaint or in court, but jury decides)? This is not rhetorical; I ask because I don't know.

I'm Not a Lawyer.

But I know that Damages that are Awarded to a Plaintiff in a successful Law Suit are Broken Down into Two Categories.

Compensatory Damages

and

Punitive Damages.

Compensatory Damages are meant to go to the Plaintiff as a Direct Remedy to things like Loss Monies, Lost Wages, Pain and Suffering, Potential Loss of Future Wages, Medical Bills, Lawyers/Court Fees, etc.

These are Asked for by the Plaintiff when the Suit are Brought. I believe that the Ruling Judge has Ability to Reduce these Amounts if he feels that the Suit does Not Provide enough Evidence that the Actual Losses were incurred.

Punitive Damages are awarded not as Compensation for Loss. But as a to Punish the Person/Entity that the Suit was brought against, or Similar People/Entities, from doing what they Originally did again. I believe that the Damages Amount is governed Guidelines but I am Unsure exactly which.

I believe that Punitive Damages are Solely set by the Ruling Judge.

You may ask for $100,000,000 in Compensatory Damages. But I'm Not Sure if a Jury has the Power to Reduce or Uphold such Awards. I think that Power Lies with the Judge. But I could be Wrong.

I also know that Some States, Like California, have enacted some measure of Tort Reform. And have put Caps on Just How Much a Plaintiff can be awarded for Pain & suffering for Medical Malpractice ($250K).

I don't know if there are Any Limits to what someone can Seek in Compensatory Damages in a Lawsuit like this One. Or if there are Any in California.

 

[zoiDman]

BTW - I mentioned Many Times that it would be Cool if the ECF had a Few "Resident" Pro Bono Lawyers on call who could give People like Us the Readers Digest version of what something like this Law Suit means.